This agreement was last updated on May 25, 2016.
Thanks for visiting Live Grow Play. Before using Live Grow Play, please read over the following terms and conditions (the "Terms" or "Agreement") carefully.
So let's get started with a few definitions we will use throughout the document. Live Grow Play is a collection of web pages and advertising services that can be accessed via livegrowplayaustin.com ("Site" or "Service" or "Live Grow Play Austin"), mobile applications, as well as any successor web pages or other technology as may be designated by Live Grow Play. LiveGrowPlayAustin.com is owned and operated by Live Grow Play, LLC, a Texas limited liability corporation ("we" or "us"). "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses the Site. "User", "You", "Your", or "Member" means you personally, as well as any person or entity on whose behalf you are Using the Site. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means content that you submit or transmit to, through, or in connection with the site, such as ratings, reviews, messages, and information that you publicly display or displayed in your member profile. "User Content" means content that users submit or transmit to, through, or in connection with the site. "Our Content" means content that we create and make available in connection with the site. "Third Party Content" means content that originates from parties other than Live Grow Play or its users, which is made available in connection with the site. "Site Content" means all of the content that is made available in connection with the site, including your content, user content, third party content, and our content.
Your Registration Obligations
As a condition to using parts of the site, you are required to create an account using your email address and must provide certain information about yourself. You shall provide us with accurate, complete, and updated registration information. You may not impersonate someone else (e.g., assume the identity of a celebrity or anyone else), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.
You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
You shall be responsible for maintaining the confidentiality of your Live Grow Play account and login credentials. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we can only reset your password.
Services are available only to individuals who are at least 13 years old. If you are under 13 years old, do not attempt to register or use the site.
Creating serial or overlapping accounts will result in account termination. Please contact us if you have questions about managing multiple accounts.
Communications from the Site and other Users
By creating an account, you agree to receive certain communications in connection with the site. For example, you might receive community message updates. You can control what communications you receive via your member profile settings.
You own all of the content and information you post on the site. You are responsible for your content, and once published, it cannot always be removed. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have permission to use and authorize the use of your content.
For content that is covered by intellectual property rights, like photos and videos, you specifically give us the following permission, subject to your privacy and member profile settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use your content and any IP content that you post on or in connection with the services (IP License). We may use your content in a number of different ways, including publicly displaying it, reformatting it, creating derivative works from it, promoting it, distributing it. You permanently waive any claims and assertions of moral rights or attribution with respect to your content against us and the site’s users.
We reserve the right to remove, screen, edit, or restore user content at our sole discretion for any reason without notice to you. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
We may publicly display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation for such advertisements.
We own our content, which includes but is not limited to user interfaces, graphics, design, compilation, including, but not limited to, our compilation of user content and other site content, computer code, software, aggregate user reviews, ratings, and all other elements and components of the site excluding your content, user content and third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with our content and the site, which are protected by their applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of our content in whole or in part except as expressly authorized by us.
As a condition of use, you promise not to use the site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Live Grow Play. In agreeing to comply with these terms and conditions of service, you agree to the following:
- You will not register for more than one account or for an account on behalf of any other individual, group or entity;
- You will not defame, abuse, stalk, threaten, harass or infringe on the rights of any person (such as rights of privacy) that uses this site;
- You will not post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any user of the site;
- You will not disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
- You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site or on any materials printed or copied from the site;
- You will not violate any laws in your jurisdiction (including but not limited to copyright laws);
- You will not disseminate content that is unlawful or promotes or encourages illegal activity or that would violate the property rights of others;
- You will not, expressly or impliedly, indicate that any statements you make are endorsed by Live Grow Play, without specific prior written consent;
- You will not disrupt or interfere with the service, or the servers or networks connected to the servers;
- You will not use the site in any unlawful manner or in any other manner that could damage, disable, overwhelm or impair the site;
- You will not use the site or any site content to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, "viruses");
- You will not employ any robot, spider, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the site or any site content;
- You will not reverse engineer any portion of the site;
- You will not record, process, or mine information of other users from the site;
- You will not mirror or manipulate any part of the site, without our prior written authorization;
- You will not use meta-tags, code or other devices containing any reference to the site for the purpose of directing Internet users to any other site for any other purpose;
- You will not include in your account or public profile any offensive or obscene anatomical or sexual references, and you will not post any material containing nudity or personal information. We reserve the right, but do not assume the obligation, to reject any profile, its content, or photo that does not comply with these provisions;
- You will not write fake or defamatory reviews, trade reviews with other businesses, or offer compensation to write or remove a review on the site;
- You will not rate businesses, events, or other content on the site unless you have individual experience with the entity. You will not accept or offer compensation to rate or trade ratings with other users on the site;
- You will not incorporate material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; and
- You will not engage in the solicitation of, or advertising to, other members to benefit any products or services not endorsed through the site. You will not transmit any junk e-mail or spam to other site users.
Lastly, we just want to emphasize that you are solely responsible for the content or information you publish or display on the site, or transmit to other users. Even though all of the above is strictly prohibited, there is a possibility that you will be exposed to such material and you further waive your right to any damages related to such exposure.
All logos and trademarks contained on this site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to you by these terms. Live Grow Play is not affiliated with or endorsed by the companies or respective owners of the logos and/or trademarks.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).
Links to Other Sites
You understand that the site may provide links to other sites or content that is not hosted or managed by Live Grow Play, and you agree that we have no control over, responsibility or liability whatsoever relating to any such sites or content, including your use of them. Live Grow Play is not affiliated with or endorsed by the companies or sites listed on Live Grow Play. All brand, company, and product names are trademarks or registered trademarks of their respective owners. All users of Live Grow Play agree to respect the rights of the third party content owners.
Third Party Sites and Advertisers
Live Grow Play includes links, images, and text provided by businesses and advertising results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. Your use of third party sites is at your own risk. Any dealings that you have with advertisers or businesses found on Live Grow Play are between you and the third party and you acknowledge and agree that we are not liable for any loss or claim you may have against them.
Live Grow Play provides advertising opportunities that include monthly and annual business listings in the site directory, one-time event submissions to the site events calendar, banner advertising, sponsored blog posts, social media posts, as well as newsletter and email advertising.
The charges for our one-time, monthly, and annual plans are explained on our pricing page and may be changed from time to time. If any part of a month is included in the payment term, then payment is due for the full month/year. Payments are due for any month/year on the same or closest date to the day you made your first monthly/annual payment (the "Pay Date").
As long as you are a user or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly/annual charges against that credit card. You will replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we are unable to process your credit card order, we will try to contact you by email and suspend your account until your payment can be processed.
We do not offer refunds for cancellations or unused portions of the service. You understand that you are not entitled to a refund from Live Grow Play under any circumstance.
We reserve the right to change our fees at any time by posting a new pricing structure to the site and/or sending you a notification by email.
You agree to indemnify, defend and hold harmless Live Grow Play as an entity, and its parents, subsidiaries, affiliates, customers, vendors, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) related to your violation or alleged violation of these Terms or use of the site.
Disclaimer of Warranties
Live Grow Play disclaims all warranties and conditions with regard the quality, suitability, truth, or accuracy of the content on this site.
LIVE GROW PLAY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS" OF THE SERVICE). THE SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIVE GROW PLAY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIVE GROW PLAY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIVE GROW PLAY DOES NOT WARRANT THAT THE SERVICE AND FUNCTIONS RELATED TO ITS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIVE GROW PLAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE REGARDING ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UNDER NO CONDITIONS WILL LIVE GROW PLAY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USES OF THE SITE, WHETHER ONLINE OR OFFLINE. LIVE GROW PLAY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE. LIVE GROW PLAY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR ACTION OR USE OF A BUSINESS OR ADVERTISER LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIVE GROW PLAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT/SERVICES OF THE SITE, EVEN IF LIVE GROW PLAY OR ITS AGENTS KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, LIVE GROW PLAY'S LIABILITY TO YOU FOR ANY CASE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIVE GROW PLAY FOR THE SERVICE OF THE TERM OF MEMBERSHIP.
You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to Texas's conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We reserve the right to modify, update, or cease the site at our sole discretion, at any time, for any or no reason, and without notice or liability.
Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. Any amendment to or waiver of the Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under the Terms to anyone else without our consent.