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TERMS OF USE

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE LIVESCRIBE'S WEBSITE AND ITS ASSOCIATED SITES (THE “WEBSITE”). BY ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY NOT ACCESS OR USE THE WEBSITE.

AMENDMENTS

Livescribe, Inc. ("Livescribe") may amend these Terms of Use (“Terms”) at any time in its sole discretion. Any amendments are effective when posted. Your continued use of the Website means that you accept the amendments. If you do not agree with the amended Terms, please do not use or access the Website. These Terms may not otherwise be amended.

LICENSE

Livescribe grants you a limited, non-exclusive and non-transferable license to use and access the Website, including the Livescribe Store, Community, and associated services, subject to these Terms. Livescribe does not grant you any other right, title or interest in the Website or its contents.

ACCESS

Certain portions of the Website may require you to have an account. This may require you to provide information to Livescribe for registration. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete. Please see our Privacy Policy for details about how Livescribe manages personal information that you may provide.

Livescribe has the right, in its sole discretion, to suspend or terminate your access and use of the Website in the event Livescribe believes that you are conducting yourself or providing information in a manner which is in breach of these Terms.

Livescribe does not intend its Website for use by children under the age of 13. If you are 13 or younger, you may not access or use the Website.

Any access or use of the Website in violation of these Terms is a trespass on Livescribe's computer systems, an infringement of Livescribe's intellectual property and an unlawful use of Livescribe's assets.

USER CONDUCT

As a user, you will conduct yourself in a manner consistent with these Terms.

In addition, you shall not:

submit any information or link to any content, information or service that is obscene or contains pornography of any kind;
use the Website to commit any dishonest act, act of fraud or any act that potentially or actually violates any third party rights;
submit any information or link to any material that potentially or actually violates any other party’s intellectual property or proprietary rights, including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
submit any information or link to any material that is defamatory, libelous, harassing or threatening of or to any person or entity;
submit any information or link to any material that is potentially or actually harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
submit any information or link to any material that in any way violates any federal, state or local law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
undertake any activity that potentially or actually creates liability or damage to Livescribe, its computer systems or service providers;
send unsolicited e-mail to other users excluding private messaging via the Community site; or
harvest or collect information about other users, including e-mail addresses, without the user’s consent.

You may not to use any spider, robot or other automatic means to search or monitor the content of the Website. You may not use any automatic means, including software, to attempt to or actually interfere with Livescribe's products and Websites or their use by any other user. You may not cause any unreasonable burden or load on Livescribe's software or its computer systems.

USER SUBMISSIONS

Content that you submit to the Website are “User Submissions.” “User Submissions” may include comments you make in a blog or a forum post (“User Comments”), content that you have created with a Livescribe product (“User Content”), and software applications you create for use with a Livescribe product (“User Software”). You retain all of your ownership rights in your User Submissions.

Your submission and use of any User Software is governed by a separate license agreement.

By submitting User Comments and User Content to Livescribe, you hereby grant the following licenses:

To Livescribe, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Comments and User Content in connection with the Website and Livescribe's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) and Livescribe products in any media formats and through any media channels. To each user of the Website, a non-exclusive license to access your User Comments and User Content through the Website, and to use, reproduce, distribute, display and perform such User Comments and User Content as permitted by the Website and under these Terms.

All User Submissions must comply with these Terms. While Livescribe reserves the right to review any User Submission prior to posting on the Website, however, it is under no obligation to review. Livescribe may refuse any User Submission that it deems to be in violation of these Terms, the Community Guidelines or any other law, statute or regulation, in its sole discretion.

Livescribe's posting of a User Submission does not mean that Livescribe agrees with or endorses the content of that submission or that the submission complies with these Terms. You are responsible for independently verifying any information in a User Submission. Notwithstanding Livescribe's review, you agree to indemnify and hold Livescribe and other users harmless from any loss or damage that Livescribe or any user may suffer as a result of your User Submission.

INTELLECTUAL PROPERTY

Livescribe has certain protectable proprietary rights in its products and Website, including copyrights and trademarks. Other than as specifically stated in these Terms, you may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the Website.

Software and/or any digital products available for download from the Website (“Downloads”), including User Software, is the copyrighted work of Livescribe, its developers, suppliers and partners. The terms of an end user license agreement will govern any Downloads.

If you believe that your copyright rights have been violated by any content on our Website, please see the provisions here.

WARRANTY DISCLAIMER

THE LIVESCRIBE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS USED BY YOU AT YOUR SOLE RISK. LIVESCRIBE MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE LIVESCRIBE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. LIVESCRIBE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS. LIVESCRIBE IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

LIMITED LIABILITY

You agree that Livescribe will not be liable for any delay, interruption or unavailability of any of the Website or related products and services, whether due to an act or omission of Livescribe or any other party.

Livescribe does not guarantee the quality, accuracy, completeness or timeliness of information posted on the Website and assumes no obligation to update the information or advise on further developments concerning topics mentioned.

Any information provided may be changed without notice.

IN NO EVENT SHALL LIVESCRIBE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE LIVESCRIBE WEBSITE, INCLUDING THROUGH NEGLIGENCE, EVEN IF LIVESCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold harmless Livescribe, its employees, officers, directors, agents, suppliers, affiliates and other partners from any and all costs, damages, losses, liabilities and expenses whatsoever, including attorney fees, that arise from or relate to your User Submissions, your use of our Website, or your violation of these Terms.

NO AGENCY

You and Livescribe are independent of each other and neither you nor Livescribe intends to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship by these Terms.

NO WAIVER

Livescribe's failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right of the same or different type in the future.

ENTIRE AGREEMENT

These Terms are the entire terms and conditions with respect to your use of and access to the Website. No representative of Livescribe is authorized to amend these Terms. Amendments shall only be effective as provided above.

TERMINATION

The provisions relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive any termination of these Terms.

GOVERNING LAW

These Terms, the relationship between you and Livescribe, your use of the Website, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the State of California, U.S.A., without reference to conflicts of laws. You agree that any legal action or proceeding between you and Livescribe that arises from or relates to these Terms or the Website shall be brought exclusively in the courts located in Alameda County, California.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

HEADINGS

Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.