Website User and Blog Agreement - Introduction
LV strongly recommends that, as you read this User and Blog Agreement, you also access and read the terms and conditions on the links referenced above. By accepting this User and Blog Agreement, you also agree that your use of LV-branded websites and websites operated by LV may be governed by separate user/blog agreements, privacy policies or terms of service.
Using LV’s Sites
While using the Sites, you agree that you will not:
a. Post “Content” (as defined in Paragraph 5 below) or items in an inappropriate category or area on the Sites;
b. Violate any laws, third party rights, or LV’s terms, conditions, or policies;
c. Use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Sites;
d. Post false, inaccurate, misleading, libelous, defamatory, abusive, obscene, racist, excessively foul or vulgar, or hateful content, whether or not that includes personal information;
e. Make baseless personal attacks or otherwise threatening communications, or bait any user into such comments;
f. Distribute or post spam, chain letters, or pyramid schemes;
g. Post inappropriately sexual communications;
h. Distribute viruses or any other technologies that may harm LV or any user of any Site;
i. Post illegal material or material that infringes on the rights of other users or on the ability of others to enjoy the Sites;
j. Copy, modify, or distribute Content from any Site or LV’s intellectual property; or
k. Harvest or otherwise collect information about Site users, including email addresses, without their consent.
See also Paragraphs 5 and 6 below [add hyperlinks].
Abusing the Sites
LV works to keep the Sites working properly, and asks that users report problems, offensive content and policy violations to LV. Without limiting other remedies, LV may limit, suspend, or terminate its service and user accounts, prohibit access to any Site, delay or remove hosted content, and take technical and legal steps to keep users off any Site if LV believes that those users are creating problems or possible legal liabilities, or acting inconsistently with the letter or spirit of LV’s policies. See also Paragraphs 6 and 7 below [add hyperlinks]. LV reserves the right to cancel unconfirmed accounts or accounts which have been inactive for a long time.
Content; Content License
When you at any time give, transmit, share or deliver Content to any Site, you grant LV a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to exercise the copyright, publicity, and database rights you have in the Content, in any media known now or in the future.
See also Paragraphs 5 and 6 below.
Submission and Sharing of Information
LV’s long-standing company policies do not allow LV to accept or consider unsolicited creative ideas, suggestions or materials. Due to those policies, LV asks that you not send any unsolicited materials such as ideas, concepts, pitches, suggestions, treatments, formats, drawings, artwork, photographs, videos, audiovisual works, musical compositions, lyrics, sound recordings, program formats, or other similar materials (collectively, the “Open Submissions”) to any Site.
If, despite this request, you intentionally or unintentionally (a) send LV any Open Submissions, whether by general posting or through features or activities on any Site or Blog, or (b) submit, post or otherwise send LV any Content, information or material including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions, lyrics, sound recordings, postings, your or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions, lyrics, sound recordings, postings, your or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages or any other materials (collectively, “Content”) (Content and Open Submissions, collectively, the “Submissions”), LV and LV’s licensees, distributors, agents, representatives and other authorized users (collectively, the “Licensees”) shall be entitled to unrestricted use of the Submissions, or any of them, for any purpose, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there is any doubt or ambiguity about whether any Content is a Submission, that Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on LV’s part, and LV shall not be liable for any use or disclosure of any Submission.
Without limiting the foregoing, you hereby grant LV and the Licensees, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon, and perform such Submissions, in whole or in part, in all media formats, networks, stations, platforms, products, channels and services now known or hereafter devised, and for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (collectively, the “License”).
To the extent that LV solicits Submissions through features or activities on any Site that require the use of any LV-copyrighted work, LV hereby grants you a non-exclusive license to create a derivative work using LV-copyrighted works; provided however, that such license shall be conditioned upon your assignment to LV and the Licensees of all rights in the work you create. If such rights are not so assigned, your license to create material using LV-copyrighted works shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments, whether or not your Submissions are used by LV. It is LV’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
You also hereby appoint LV as your agent with full power to enter into and execute any document, and do any act LV may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement. You agree that any Submissions you make are not being made in confidence or trust, and that no confidential or fiduciary relationship is intended or created in any way between you and LV. To the extent that any “moral rights”, “ancillary rights”, or similar rights in or to the Submissions exist and are not exclusively owned by LV, you agree not to enforce any such rights as to LV or the Licensees, and you shall procure the same agreement not to enforce from others who may possess such rights. The terms of the License shall govern LV’s right to use all Submissions. Without limiting the scope of the License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions you submit to LV.
Blogs; Use; Communications
A Blog, as used in this Agreement, not only means any of LV’s Sites, public forums or Services, including any web publishing or optional hosting services, it also means an area, site or feature offered as part of any Site that enables users or visitors to submit, post, display, or view Content, and to communicate, share or exchange Content with other Site users, visitors and members of the general public, including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, or e-mail function, including but not limited to send-a-friend e-mails, or any of them.
You acknowledge that anything you submit to a Site by way of any Blog may be routed through LV’s servers, the Internet, the servers of one or more third parties on LV’s behalf, or any of them, and may be viewed on the Internet by the general public. Thus, you acknowledge that you have no expectation of privacy with regard to any such submission. You also acknowledge that Blogs and features offered in Blogs are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including, without limitation, a Blog, that information may be collected and used by people you don’t know.
LV cannot guarantee the security of any information you disclose through any of these media. You acknowledge that you make such disclosures, and that the use of Content posted in any Blog, at your own risk. You are and remain solely responsible for the Content submitted or posted under your username or otherwise by you in any Blog, and for the consequences of submitting and posting the Content. You agree that you will use the Services in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
LV is not responsible for, and does not endorse, support, represent or guarantee the truthfulness, accuracy, reliability, opinions, advice or recommendations posted or sent by users in any Blog, and LV specifically disclaims any and all liability in connection with any Blog. You acknowledge that any reliance on any material posted on a Site is and will be at your own risk.
LV reserves the right to screen, refuse to post, remove or edit Content at any time and for any or no reason in LV’s sole and absolute discretion without prior notice, although LV has no duty to do so or monitor any Blog. If LV elects to screen Content, there may be a delay in the posting of that Content in a Blog to allow for a review process. If LV has questions about your Content including, without limitation, any intellectual property issue, LV may contact you for further information, including, without limitation, to verify that you own the intellectual property or otherwise obtained permission to post the material.
When participating in a Blog, LV recommends that you never assume that other participants are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Blog may not be reliable. It may not be a good idea to take any action, including making any investment decision, based solely or largely on information you cannot confirm. LV cannot be responsible for the accuracy of any Content contained in a Blog, and LV shall not be responsible for any trading, investment or any other decisions made or actions taken or not taken based on such information or content. LV expects that you will use caution and common sense, and exercise proper judgment, when using any Site.
Your ability to access and browse Content, or submit or post Content, within a Blog may be subject to certain age restrictions or related procedures that LV may revise in LV’s sole discretion at any time and for any or no reason.
By using the Sites, you agree that:
You will not submit, post, upload, distribute, or otherwise make available or transmit any Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the perceived intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the License, as stated in Paragraph 5;
You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage any Site or connected network, or otherwise interfere with any person or entity’s use, access or enjoyment of the Sites;
You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
You will not engage in antisocial, disruptive, or destructive acts, including, without limitation, “flaming”, “spamming”, “cloaking”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet;
You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos, data or information that you do not own or have express permission to modify;
You will not submit, post, upload, distribute or otherwise make available or transmit any Content or make statements in any Blog that do not generally pertain to the designated topic or theme of the Blog;
You will not engage, or attempt to engage, in any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, or conspiracy to commit any criminal activity.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. LV reserves the right, but shall have no obligation, to investigate your use of a Site in order to determine whether a violation of this Agreement has occurred, or to comply with any applicable law, regulation, legal process or governmental request.
LV cannot and do not assure that other users are or will comply with any provisions of this Agreement. You hereby assume all risk of harm or injury resulting from any such lack of compliance.
To the extent that any feature on any Site requires you to submit your e-mail address or telephone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual telephone number, as applicable. Any “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. E -mails and mobile messages may not contain inappropriate language or images or copyrighted material, without the consent of the copyright holder, or encourage illegal activity. LV reserves the right not to deliver e-mails and mobile messages that LV believes may violate these guidelines.
LV may make changes to any Site from time to time. When major changes are made to any Site, LV may attempt to notify you of those changes. You understand and agree that if you use a Site or any Services after the date on which such changes were made, LV will treat your use of any Site or Service as acceptance of such changes.
LV MAY CHANGE THE SITES, OR DELETE SERVICES, CONTENT OR FEATURES, IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
LV is not responsible for third-party content, including, without limitation, any viruses or other disabling features, and LV has no obligation to monitor such third-party content. LV reserves the right, and disclaims any obligation or responsibility, to remove or refuse to distribute any Content on a Site, such as content which violates the terms of this Agreement, or to comply with any applicable law, regulation, legal process or governmental request, or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using any Site in violation of any applicable law. LV also reserves the right to access, read, preserve and disclose any information as LV reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations of this Agreement, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of LV, its users and the public. If LV deems it appropriate, in LV’s sole and absolute discretion, LV reserves the right to preserve a record of any such Content and deliver all or any portion thereof to law enforcement officials. LV will not be responsible or liable for the exercise or non-exercise of LV’s rights under this Agreement.
You will not hold LV responsible for other users’ actions or inactions, including things those users post or do not post. LV is not involved in any actual transaction that may arise between users in which LV does not actively participate. In the event of any such transaction, LV has no control over and does not guarantee the quality, safety or legality of goods or services advertised, the truth or accuracy of information provided, the ability or right of sellers to sell goods or services, the ability or right of buyers to pay for goods or services, or that a buyer or seller will actually enter into or complete any transaction.
LV cannot guarantee continuous or secure access to the Services. Operation of the Sites, whether by LV or otherwise, may be interfered with by numerous factors outside of LV’s control. Accordingly, to the extent legally permitted, LV excludes and disclaims all express or implied warranties, terms and conditions. See LV’s Terms of Service for more information about this exclusion of warranties. LV is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of any Site. Some jurisdictions may not allow the disclaimer of warranties or exclusion of damages, and thus such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph or the other terms and conditions of this Agreement, if LV is found to be liable, LV’s liability to you or to any third party is limited to the lesser of (a) the total fees, if any, you paid to LV in the 12 months prior to the action giving rise to the liability, or (b) US$100.00.
If you have a dispute with one or more users, you release LV, together with LV’s members, officers, directors, governors, agents, affiliates, subsidiaries, joint ventures, employees and representatives, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. See LV’s Terms of Service for more information about this release. Except where otherwise prohibited, you agree to waive any applicable statute, law or administrative rule which holds that a general release does not extend to claims which the creditor does not know or suspect to exist in his, her or its favor at the time of executing the release, which if known by him, her or it must have materially affected his, her or its settlement with a debtor.
Access and Interference
The Sites may contain robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to LV by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
Take any action that imposes or may impose (in LV’s sole discretion) an unreasonable or disproportionately large load on LV’s infrastructure;
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from any Site without the prior expressed written permission of LV and the appropriate third party, as applicable;
Interfere or attempt to interfere with the proper working of any Site or any activities conducted on any Site; or
Bypass LV’s robot exclusion headers or other measures LV may use to prevent or restrict access to any Site.
You agree that you will indemnify and hold harmless LV, and LV’s members, officers, directors, governors, agents, affiliates, subsidiaries, joint ventures, employees and representatives, from any claim, demand or damages, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any applicable law or the rights of a third party.
No agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served, in the case of LV, on LV’s registered agent, or, in your case, to the email address you provide to LV during the registration process. Notice shall be deemed given four (4) hours after email is sent, unless the sending party is notified within that time period that the email address is invalid. Alternatively, LV may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and LV, LV’s goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LV agree that LV will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services (collectively, a “Claim”) in accordance with one of the subsections below, or as LV and you otherwise agree in writing. Before resorting to these alternatives, LV strongly encourages you to first contact LV directly to seek a resolution. LV will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement shall be governed in all respects by the laws of the State of Minnesota, without regard to conflict of law provisions. You agree that any claim or dispute you may have against LV must be resolved by a court located in Hennepin County, Minnesota, except as otherwise agreed by the parties or as described in the Arbitration Option subparagraph below. You agree to submit to the personal jurisdiction of the courts located within Hennepin County, Minnesota for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (”ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitration shall be conducted by telephone, online or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against LV must be resolved in accordance with this Paragraph 15. All claims filed or brought contrary to this Paragraph 15 shall be considered improperly filed. Should you file a claim contrary to this Paragraph 15, LV may recover attorneys’ fees and costs up to $5,000, provided that LV has notified you in writing of the improperly filed claim, and you have failed to withdraw the claim within five (5) calendar days of the giving of such notice.
Notwithstanding subparagraphs 15(a) – (c) above, you agree that LV shall have the right to apply for injunctive remedies or relief, or any equivalent type of urgent legal relief, in any jurisdiction.
General Terms and Conditions
Land Vista, LLC is located at 205 South Water Street, Northfield, MN 50057. Sometimes when you use a Site, you may, as a result of, or through your use of a Site, purchase goods or services which are provided by a third party. Your purchase or use of these goods or services may be subject to separate terms between you and the involved third party. If so, this Agreement does not affect your legal relationship with those third parties. This Agreement constitutes the whole legal agreement between you and LV, governs your use of the Sites, and replaces any prior agreements between you and LV in relation to the Sites. You agree that LV may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on any Site. You agree that if LV does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which LV has the benefit of under any applicable law, this will not be taken to be a formal waiver of LV’s rights, and that those rights or remedies will still be available to LV. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the remainder of the Agreement, and the remaining provisions of the Agreement will continue to be valid and enforceable. You acknowledge and agree that each member of any company of which LV is the parent or affiliate shall be a third party beneficiary to this Agreement, and that each such company shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on or rights in favor of it. Other than this, no other person or entity shall be a third party beneficiary to this Agreement. LV may, in its sole and absolute discretion, assign this Agreement in accordance with Paragraph 14 above. Headings are for reference purposes only and do not limit the scope or extent of any such paragraph. LV’s failure to act with respect to a breach by you or others does not waive LV’s right to act with respect to subsequent or similar breaches. LV does not guarantee that LV will take action against all breaches of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Except as provided elsewhere in this Agreement, this Agreement may not be amended except in a writing signed by you and LV. This Agreement sets forth the entire understanding and agreement between you and LV with respect to the subject matter hereof, and this Agreement shall survive any termination, cancellation or expiration of this Agreement.
Welcome to the Internet sites of Land Vista, LLC, a Minnesota limited liability company (”LV”). “LV Sites” (whether in the singular or the plural) include landvista.net, and other Internet sites on which these terms of service are posted. LV and any and all entities that control, are controlled by, or are affiliated or under common control with, LV are collectively referred to herein as “we,” “us” or “our”.
PLEASE READ THESE Terms of Service CAREFULLY BEFORE USING ANY LV SITE. By using any LV Site, you signify your agreement to these terms of service. If you do not agree to these terms of service, you may not use the LV Sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of service at any time in accordance with procedures that we may establish, amend, modify, restrict or rescind at any time and without notice.
Your use of LV’s products, software, services and web sites (referred to collectively as the “Services”, and excluding any services provided to you by LV under any separate written agreement) is subject to the terms of a legal agreement between you and LV. “LV” means Land Vista, LLC, a Minnesota limited liability company, whose principal place of business is at 205 South Water Street, Northfield, MN 55057, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement
Unless otherwise agreed in writing with LV, your agreement with LV will always include, at a minimum, the Terms of Service set out in this document. These are referred to here as the “Universal Terms”. Your agreement with LV will also include the terms of any legal notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and LV in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence. You acknowledge that these terms of service are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the LV Sites and receipt of data, materials and information available at or through the LV Sites, the possibility of our review, use or display of your submissions, and the possibility of publicity and promotion from our review, use or display of your submissions.
All information, content and materials contained on LV Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us, our licensors or licensees, or any of them. No information, content or material from any LV Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from any LV Site. The use of any information, content or materials on a LV Site on any other Web site or computer environment is prohibited. The LV Sites are only for your personal use. You may not use the LV Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. In the event that you download software from any LV Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from LV Sites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from any LV Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, as amended. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations. 2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to you by LV in the user interface for any Service; or
(B) By actually using the Services. In this case, you understand and agree that LV will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with LV, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
Where LV has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with LV. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by LV
LV has subsidiaries and affiliated legal entities in various locations (collectively, the “Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of LV itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. LV is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which LV provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that LV may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at LV’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform LV when you stop using the Services.
You acknowledge and agree that if LV disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and you agree to hold LV harmless in such event. You further acknowledge and agree that while LV may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by LV at any time, at LV’s discretion.
5. Use of the Services by You
In order to access certain Services, you may be required to provide information about yourself, such as identification or contact details, as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to LV will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, including any laws regarding the export of data or software to and from the United States or other relevant countries. You also agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by LV, unless you have been specifically allowed to do so in a separate agreement with LV. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or web crawlers, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You also agree that you will not engage in any activity that interferes with or disrupts the Services, or the servers and networks which are connected to the Services.
Unless you have been specifically permitted to do so in a separate agreement with LV, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible, and that LV has no responsibility to you or to any third party, for any breach of your obligations under the Terms and for the consequences, including any loss or damage which LV may suffer, of any such breach. 6. Your Passwords and Account Security You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to LV for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify LV immediately at . 7. Privacy and Your Personal Information
8. Content in the Services
You understand that all information, including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to LV, or by other persons or companies on their behalf. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part, unless you have been specifically notified by LV that you may do so or by the owners of that Content in a separate agreement. LV reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, LV may provide tools to filter out explicit sexual content. Additionally, there currently are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible, and that LV has no responsibility to you or to any third party, for any Content that you create, transmit or display while using the Services and for the consequences of your actions, including but not limited to any loss or damage which LV may suffer, by doing so.
9. Proprietary Rights You acknowledge and agree that LV, or LV’s licensors, as applicable, own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. You further acknowledge that the Services may contain information which is designated confidential by LV, and that you shall not disclose such information without LV’s prior written consent. Unless you have agreed otherwise in writing with LV, nothing in the Terms gives you a right to use any of LV’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with LV, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and LV’s brand feature use guidelines as updated from time to time. Other than the limited license set forth in Paragraph 11, LV acknowledges and agrees that it obtains no right, title or interest from you, or your licensors, under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless you have agreed otherwise in writing with LV, you agree that you are responsible for protecting and enforcing those rights and that LV has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by LV, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from LV
LV gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (the “Software”) provided to you by LV 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 LV and in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by LV, in writing. Unless LV has given you specific written permission to do so, you may not assign or grant a sub-license of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content License from You
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content, you give LV a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling LV to display, distribute and promote the Services, and may be revoked for certain Services as defined in the Additional Terms of those Services or as otherwise determined by LV in its sole and absolute discretion, and without any notice to you. You agree that this license includes a right for LV to make such Content available to other companies, organizations or individuals with whom LV has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that LV, with regard to providing the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit LV to take these actions. You confirm and warrant to LV that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
The Software which you use may automatically download and install updates from time to time from LV. These updates are designed to improve, enhance and further develop the Services, and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates, and permit LV to deliver these to you, as part of your use of the Services.
13. Ending Your Relationship with LV
The Terms will continue to apply until terminated by either you or LV as set out in this Paragraph 13, If you want to terminate your legal agreement with LV, you may do so by (a) notifying LV at any time and (b) closing your accounts for all of the Services which you use, where LV has made this option available to you. Your notice should be sent, in writing, to LV’s address which is set out at the beginning of these Terms. LV may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms, or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; or
(B) LV is required to do so by law; or
(C) The partner with whom LV offered the Services to you has terminated its relationship with LV or ceased to offer the Services to you; or
(D) LV is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) The provision of the Services to you by LV is, in LV’s opinion, no longer commercially feasible or viable.
Nothing in this Paragraph 13 shall affect LV’s rights regarding provision of Services under Paragraph 4 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and LV have benefited from, been subject to, or which have accrued over time while the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the applicable provisions of Paragraph 20 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING PARAGRAPHS 14 AND 15, SHALL EXCLUDE OR LIMIT LV’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, LV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LV OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. LV FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FURTHERMORE, THE INFORMATION, CONTENT AND MATERIALS ON LV SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY LV SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY LV SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. LV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY LV SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY LV SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LV EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM ANY LV SITE. LV CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A THIRD-PARTY SITE THAT LINKS TO OR FROM ANY LV SITE OR THIRD-PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON LV’S SITES, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT CONTAINED IN PUBLIC FORUMS. LV DOES NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAS LV TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD-PARTY SITE. LV DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS, INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION, YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST LV WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON LV’S SITES, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION. LV STRONGLY ENCOURAGES YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES.
15. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, WHETHER DIRECT OR INDIRECT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH LV MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES, OR ANY FEATURES WITHIN THE SERVICES;
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE LV WITH ACCURATE ACCOUNT INFORMATION; OR
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON LV’S LIABILITY TO YOU IN THIS PARAGRAPH 15 SHALL APPLY WHETHER OR NOT LV HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and Trademark Policies
It is LV’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17. Advertisements Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by LV on the Services are subject to change without specific notice to you. In consideration for LV granting you access to and use of the Services, you agree that LV may place such advertising on the Services.
18. Other Content
The Services may include hyperlinks to other web sites or content or resources. LV may have no control over any web sites or resources which are provided by companies or persons other than LV. You acknowledge and agree, as per Paragraphs 14 and 15 above, that LV is not responsible for the availability of any such external sites or resources, that LV does not endorse any advertising, products or other materials on or available from such web sites or resources, and that LV is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
LV may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, LV will make a new copy of the Universal Terms available at http://www.landvista.net/tos.html, and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, LV will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General Terms of Service
Sometimes when you use the Services, you may, as a result of, or through your use of the Services, use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and LV and govern your use of the Services, and completely replace any prior agreements between you and LV in relation to the Services. You agree that LV may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if LV does not exercise or enforce any legal right or remedy which is contained in the Terms, or which LV has the benefit of under any applicable law, this will not be taken to be a formal waiver of LV’s rights and that those rights or remedies will still be available to LV. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which LV is the parent shall be third party beneficiaries to the Terms, and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favor of, them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with LV under the Terms, shall be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions. You and LV agree to submit to the exclusive jurisdiction of the courts located within the County of Hennepin, State of Minnesota, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that LV shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Information You Provide to Us and How We Use It
When you sign up for a LV account, Service or promotion that requires registration, we ask you for personal information, such as your name, postal address, email address, telephone number, and an account password. We may also collect other types of information such as gender, age and personal interests, which we may associate with personal information. We may combine the information you submit under your account with information from other Services or third parties in order to provide you with a better experience and to improve the quality of the Services. For certain Services, we may offer you the opportunity to opt out of combining such information. When you send email or other communication to LV, LV may retain those communications in order to process your inquiries, respond to your requests, or improve the Services.
If you purchase products or services from LV, LV will take note, for example, of credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our Websites, including when you participate in activities on our Websites and when you provide information to our representatives. Also, LV websites may offer message board, chat and other public forums. If you provide personal information when you use these forums, that personal information may be publicly posted. Our rules for use of these public forums are described in the Web User/Blog Agreement for this website.
LV also collects information through technology and technical means. For example, when you come to one of the LV sites, LV collects your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your ISP (Internet Service Provider) or your company. Standing alone, your IP address is not personally identifiable. LV may use IP addresses to collect information regarding the frequency with which users visit various parts of any of the LV sites, and LV may combine IP addresses with personal information. LV also collects information through cookies and Web beacons. Cookies are pieces of information that a Website sends to your computer while you are viewing the Website. Web beacons are small pieces of data that are embedded in images on the pages of Websites. Cookies, web beacons and other technical methods may involve the transmission of information either directly to LV or to another party authorized by LV to collect information on LV’s behalf.
LV may use the information collected through these technical methods for tracking and for enhancing users’ experience on LV’s websites. For example, when you return to a LV website after logging in, cookies provide information to the site so that the site will remember who you are. LV also may use technical methods to analyze the traffic patterns on its Websites, such as the frequency with which users visit various parts of the LV websites. LV also may use technical methods for a number of purposes in HTML emails sent to users, including to determine whether users have opened those emails, clicked on links in those emails, or both, to customize the display of banner advertisements and other messages after a user has closed the email, or to determine whether a user has made an inquiry or purchase in response to a particular email. These technical methods may enable LV to collect and use information in a form that is personally identifiable.
a. Providing LV products and Services to users, including the display of customized content and advertising;
b. Auditing, research and analysis in order to maintain, protect and improve the Services;
c. Developing additional Services; and
d. Ensuring the technical functioning of LV’s network.
Accessing and Updating Personal Information
When you use the Services, LV makes good faith efforts to provide you with access to your personal information, and the opportunity either to correct that data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. LV asks individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. LV may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical, or for which access is not otherwise required. In any case where LV provides information access and correction, LV will perform that service free of charge, except if doing so would require efforts disproportionate, in LV’s opinion, to the result.
Information That We Collect from Others
Information That We Share with Others
LV only shares personal information with other companies or individuals outside of LV in the following limited circumstances:
b. LV has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable LV Terms of Service, including investigation of potential violations of the Terms of Service, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against imminent harm to the rights, property or safety of LV, its users or the public as required or permitted by law.
Data and Information Security
The security and confidentiality of your information is extremely important to LV. LV takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems where LV stores personal data.
LV restricts access to personal information to LV employees, representatives, contractors and agents who need to know that information in order to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
LV has implemented technical, administrative, and physical security measures to protect user information from unauthorized access and improper use. LV periodically reviews its security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite LV’s best efforts, no security measures are perfect or impenetrable.
Personal Information Processing
LV processes personal information on its servers in the United States of America and in other countries. In some cases, LV processes personal information on a server outside your own country. LV may process personal information to provide the Services. In some cases, LV may process personal information on behalf of and according to the instructions of a third party, such as LV’s advertising partners.
When a user signs up for a particular service which requires registration, LV will ask you to provide personal information. If LV uses this information in a manner different from the purpose for which that information was collected, then LV will ask for that user’s consent prior to such use.