These are the Terms of Service (“Terms”) that govern your use and access of the services and websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By accessing or using the Services you agree to accept, comply and be bound by these Terms.
It is important to note that what you post to the Services and any consequences thereof is your responsibility. The Content you submit, post, or display is viewable by other users of the Services and through third party services and websites (go to the profile page to control who sees your Content). You should be comfortable with sharing the Content before sharing with others under these Terms.
The Services may include advertisements targeted to the Content, queries made through the Services or other information. The type and extent of advertising on the Services is subjected to change. You agree that ToDoAlive.com, its users and its third party providers and partners may place advertisements on the Services and the Content whether submitted by you or others.
In accessing the Services and content, we strongly advise you to use “strong” passwords with combinations of upper and lower case numbers, letters and symbols. Do not share your password with anyone. We will not be liable for any loss or damage that may arise from your failure to comply with the above requirements.
Content on the Services
The Services allow users to post their Content on the website. All these Content are the sole responsibility of the person who originates them. The Content may not be monitored or control by us and thus, we cannot take responsibility for them. Any use or reliance on any of this Content is at your own risk. We do not endorse nor represent any of these Content. We will not be liable for any loss or damages of any kind that may arise as a result of these Content, including, but not limited to, any errors or omissions in any Content made available via the Services or anywhere else.
You will retain the rights to any Content submitted, posted or published by you through the Services. By submitting, posting or publishing the Content through the Services, you hereby grant us a worldwide, non-exclusive, compensation and royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (current and to be developed).
It is also agreed by you that the license you grant to us, will be extended to our partners (individuals, companies or organization) for broadcast, distribution and publishing on other platforms or media services subjected to our terms and conditions of Content use.
By submitting, posting and publishing your Content, you hereby agree to represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
ToDoAlive.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ToDoAlive.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ToDoAlive.com, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ToDoAlive.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ToDoAlive.com name or any of the ToDoAlive.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ToDoAlive.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
At all time, we reserve the right to remove or refuse to distribute or publish any Content on the Services and terminate users or to reclaim usernames. We also reserve the rights to disclose any information to satisfy any applicable law and regulation, to aid any government investigation to address fraud, security, to protect our rights and the rights of our users and the public.
We reserve the right to remove Content alleged to be infringing on the intellectual property rights of other without prior notice and at our sole discretion.
The Services are Available “AS-IS”
The Services and Content provided are on an “AS IS” and “AS AVAILABLE” basis. We hereby disclaim ANY WARRANTIES, EXPRESS OR IMPLIED, RESPONSIBILIY, LIABILITY FOR COMPLETENESS, ACCURACY, RELIABILITY OF SERVICE, SECURITY AND AVAILABILITY OF CONTENT thereon.
You also hereby agree that ToDoAlive.com has no responsibility and liability for any loss that may arise from any deletion of or failed storing or transmission of any Content maintained by the Services. No advice or information, whether oral or written, obtained from ToDoAlive.com or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites and resources. We are not responsible or liable for any content of these third-party websites and resources. Links to these websites and resources do not imply any endorsement by ToDoAlive.com.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TODOALIVE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TODOALIVE.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of ToDoAlive.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
These Terms supersede and replace any prior agreements between ToDoAlive.com and you regarding the Services.
Effective: January 2010