Effective as of December 25, 2003.
Thank you for visiting the livedownloads.com World Wide Web
site (the "Site"). Access to this Site, the home page of which
(the "Home Page") is located at http://www.livedownloads.com,
is offered to you, the individual user, by nugs.net enterprises, LLC ("nugs.net").
your use of the Site.
This page contains our full User Agreement. You may wish to print this page for reference.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Ownership. nugs.net is the exclusive owner and proprietor
of the Site. The Site Content and Site Code as they exist
on the Site are offered to you by nugs.net for limited use
pursuant to these Terms and Use. "Site Content" means any
and all human readable audio and/or visual elements of the
Site, including without limitation any text, graphics, images,
illustrations, photographs, animation, video/audio or audiovisual
works, designs or logos, information, and other content made
available through the Site. "Site Code" means any and all
underlying elements of this Site, including without limitation
source code, script, object code, software, computer programs,
and other sets of statements or instructions contained in
or underlying the Site. Site Content and Site Code may sometimes
be collectively referred to herein as the "Materials."
1.2. Copyright. The Site Content and Site Code are owned by
nugs.net and/or the associated music publishers and are protected
by applicable domestic and international copyright laws. Copyright
©2003 nugs.net. All Rights Reserved. Unless expressly
permitted elsewhere in the Site by nugs.net, you shall not
copy, distribute, publish, perform, modify, download, transmit,
transfer, sell, license, reproduce, create derivative works
from or based upon, distribute, post, publicly display, frame,
link, or in any other way exploit any of the Site Content
or Code, in whole or in part. Links to the Site, other than
to the Home Page, are only permitted upon express permission
from and arrangement with nugs.net. Any rights not expressly
granted to you herein are reserved. Any violation of copyright
laws may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
1.3. Trademark. Livedownloads, the Livedownloads logo, livedownloads.com
are trademarks and service marks belonging to nugs.net. Any
product, service, or trade name other than those owned by
nugs.net that identify a third party as the source thereof
may, even if not so indicated, be the service mark or trademark
of that respective entity or individual. Any unauthorized
use of the Livedownloads.com Marks is strictly prohibited.
2. USE OF THE SITE, GENERAL TERMS
2.1 License. nugs.net grants you a non-exclusive, non-transferrable,
limited right and license to access and use this Site, and
view and privately display the Site Content by way of one
or more computers connected to the Site via IP networks only,
"cache" pages of the Site for the sole purpose of increasing
the speed and efficiency at which you access the Site in the
future and may download those Pictures that are available
on the Site on a download basis. However, no other copy or
use of any portion of the Site is permissible, and the same
would constitute an act of copyright infringement. By way
of example, and not limitation, you may not sublicense, alter,
adapt, transmit, publicly perform or display, distribute,
customize, modify, add to, delete from, create derivative
works based upon any portion of the Site Content, link or
forward any web address to this Site, copy, counterfeit or
paste the Site Content to any other website or web page. You
may not publicly display any portion of the Site, or any music
or other audiovisual or digital works available at this Site,
without a written license signed by a party authorized to
legally bind nugs.net to such a contractual arrangement. Any
other use or exploitation of this Site, including the Site
Content or Site Code, is strictly prohibited. You agree and
acknowledge that you shall not acquire any ownership rights
by downloading the Materials from the Site. You agree that
links to the Site are only permitted upon express permission
from and arrangement with nugs.net. You acknowledge and agree
that modification of the Materials or use of the Materials
for any other purpose is a violation of nugs.net's and possibly
other third parties' copyright and proprietary rights. You
agree to use the Materials and this Site only for purposes
which are lawful in every nation and jurisdiction in the world
and all subdivisions thereof. If you violate any provision
automatically terminates and you must immediately destroy
any copy you may have of any of the Materials. Any other use
or exploitation of this Site, including the Materials, is
strictly prohibited. You agree not to interrupt, or attempt
to interrupt, the operation of the Site in any way.
2.2 Non-Commercial/Personal Use Limitation. nugs.net grants
you this license for the limited purpose of personal use,
and not for any commercial purpose. No business entity (e.g.,
corporation, partnership, sole proprietorship) is licensed
to use this Site. You hereby agree not to use the Site, the
Materials, or any element or portion thereof (including, without
limitation, e-mail addresses of users), for any commercial
2.3 Nature of Services. nugs.net offers its Site services
for entertainment purposes only. nugs.net does not warrant
the truth or validity of the information contained on its
site. You acknowledge and understand that, because of the
possibility of human and mechanical error, mistakes or omissions
in the data or information provided, delays or interruptions
of the data or information stream from whatever cause, as
well as other factors, nugs.net is not responsible for errors
in or omissions from the information contained or accessed
through the Site. ALL INFORMATION AND CONTENT ON THE SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.4 Username/Password. nugs.net may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. nugs.net shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
2.8 Terms Relating to Refunds. All purchases from www.livedownloads.com are non-refundable.
4 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
4.2 NEITHER nugs.net NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES nugs.net, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. nugs.net AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
4.3 NEITHER nugs.net, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF nugs.net, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.5 Indemnity. You hereby agree to indemnify, defend and hold harmless nugs.net and its Affiliates from and against any and all liability and costs incurred by nugs.net or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. nugs.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of nugs.net.
5 GENERAL TERMS.
(i) Electronic mail (e-mail) must be sent to: email@example.com
5.5 Age of Majority, Right to enter into this Agreement. You represent and warrant to nugs.net that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
5.8 Use in Other Locations. This site is operated in the State of California, United States of America. No representation or warranty is made that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
5.9 Force Majeure. nugs.net shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
5.10 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
5.11 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
5.12 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
5.14.1 To the Agreement. nugs.net has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of nugs.net in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.
5.14.2 To the Site. nugs.net has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. nugs.net may also impose limits on certain features and services or restrict your access to parts or all of the nugs.net Site without notice or liability.
THANK YOU FOR VISITING livedownloads.com.