LIBERTY TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE LIBERTY MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE SERVICE AND DELETE THE LIBERTY MOBILE APPLICATION IMMEDIATELY.
1. General Terms & Conditions
Changes To These Terms.
You understand and agree that the Company may change these Terms at any time in its sole discretion without prior notice, provided that the Company will use reasonable efforts to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Terms of Service that you may be required to accept in order to continue using the Service. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Service. The revised Terms will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service.
The Service is restricted for use by any persons under the age of 18. Before downloading, installing, or using the Service, you affirm that you are eighteen (18) years of age or older. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE HEREBY EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DELETE ALL THE FILES IN CONNECTION THEREOF IF ALREADY INSTALLED.
Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Company, in the manner permitted by these Terms. You may not reverse engineer, decompile or disassemble the Service or attempt to gain access to the source code for the Service, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
Company Trademarks; Copyrights.
The Service is protected by trademark, copyright, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the LIBERTY name or any of the LIBERTY trademarks, logos, domain names, and other distinctive brand features or copyrighted material. All right, title, and interest in and to the Service (excluding content provided by users) are and will remain the exclusive property of Company and its licensors. Any feedback, comments, or suggestions you may provide regarding Company, or the Service 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.
No Transfer or Assignment.
You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without the prior written consent of the Company.
Termination for Breach.
Your rights under these Terms will automatically terminate if you breach any of your material obligations hereunder. Upon any termination of these Terms, you will promptly destroy all copies of the Service and cease all use thereof after such termination.
2. User Accounts
In order to access the benefits of the Service, you will have to create a LIBERTY account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information.
Connection via Social Media
3. User Content & interactions with other users
As used in these Terms, "User Content" means the content obtained from user’s communication with others, via video chat or text chat
No User Content Screening.
You are prohibited from sharing with others "Prohibited Content" as determined by Company, in its sole discretion and which includes, without limitation:
- Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and
- Violence and Bullying (i.e. User Content shall not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
- Hate Speech (i.e. User Content shall not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
- Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted); and
- Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User); and
- Company Action. Company in its sole discretion may, but is not obligated to, take any action(s) it deems necessary and/or appropriate against any User who Posts Prohibited Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account. You acknowledge that the Posting of any Prohibited Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against any third party claims arising from your Posting of Prohibited Content.
Though LIBERTY strives to encourage a respectful user experience through features like the Liberty Status that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT LIBERTY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. LIBERTY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. LIBERTY RESERVES THE RIGHT TO CONDUCT — AND YOU AGREE THAT LIBERTY MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
5. Community Rules
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement
- use the Service for any harmful or nefarious purpose.
- use the Service in order to damage Liberty
- violate our Community Guidelines, as updated from time to time
- spam, solicit money from or defraud any users
- impersonate any person or entity or post any images of another person without his or her permission
- bully, "stalk," intimidate, assault, harass, mistreat or defame any person
- share any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right
- share any Content that is hate speech, threatening, sexually explicit or pornographic
- incites violence; or contains nudity or graphic or gratuitous violence
- share any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission
- use another user's account
- create another account if we have already terminated your account, unless you have our permission.
LIBERTY reserves the right to investigate and/or terminate/temporary suspend your account if you have violated this Agreement, misused the Service or behaved in a way that LIBERTY regards as inappropriate or unlawful, including actions or communications that occur on or offthe Service.
Although LIBERTY reserves the right to review and ban users which violates this Agreement, by sharing prohibited Content, it is the sole responsibility of the user who posts it, and LIBERTY cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report that person and we will interrupt your conversation immediately.
6. Rights LIBERTY Grants You
6. Rights LIBERTY Grants You LIBERTY grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by LIBERTY and permitted by this Agreement.
Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without LIBERTY's prior written consent
- express or imply that any statements you make are endorsed by LIBERTY
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service
- upload viruses or other malicious code or otherwise compromise the security of the Service
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service
- "frame" or "mirror" any part of the Service without LIBERTY's prior written authorization
- use meta tags or code or other devices containing any reference to LIBERTY or the Service (or any trademark, trade name, service mark, logo or slogan of LIBERTY) to direct any person to any other website for any purpose
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so
- use or develop any third-party applications that interact with the Service or other users' Content or information without our written consent
- use, access, or publish the LIBERTY application programming interface without our written consent
- probe, scan or test the vulnerability of our Service or any system or network
- encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
7. Rights you Grant LIBERTY
By creating an account, you grant to LIBERTY a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, Twitter and Google, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other users (collectively, "Content"). LIBERTY's license to your Content shall be non-exclusive, except that LIBERTY's license shall be exclusive with respect to derivative works created through use of the Service. For example, LIBERTY would have an exclusive license to screenshots of the Service that include your Content. In addition, so that LIBERTY can prevent the use of your Content outside of the Service, you authorize LIBERTY to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other LIBERTY users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook, Twitter or Google account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to LIBERTY above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for LIBERTY allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to LIBERTY regarding our Service, you agree that LIBERTY may use and share such feedback for any purpose without compensating you.
You agree that LIBERTY may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Modifying the Service and Termination
LIBERTY is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason. Also, LIBERTY may terminate your account at any time without notice if it believes that you have violated this Agreement. After your account is terminated, this Agreement will terminate.
9. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, such as your email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent via our “Contact Us” rubric.
LIBERTY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIBERTY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
LIBERTY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
LIBERTY DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
11. Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. LIBERTY is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. LIBERTY is not responsible or liable for such third parties' terms or actions.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBERTY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF LIBERTY HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LIBERTY'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY BY YOU TO LIBERTY DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST LIBERTY, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
13. Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless LIBERTY, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
14. Entire Agreement; Other
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of LIBERTY to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your LIBERTY account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind LIBERTY in any manner.