Terms of Service

You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of the websites, web services or apps operated by AddressLive, LLC (herafter referred to as AddressLive). AddressLive’s website consists of its site located at the URL https://www.addresslive.com, widget, and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform, Google OpenSocial, Google Play, Windows Store, and iPhone/iTunes App Store). Collectively herein, the AddressLive Services and the AddressLive website and applications will be referred to collectively as the "Site" or the “Services”.

You acknowledge and agree that, by (1) clicking the “Create Account”, “Log In”, or continuing with similar button via an Entry Point Site to access the Services, or (2) downloading an AddressLive application, widget or gadget, or (3) otherwise accessing or using the Services, you indicate that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and un-install any application, widget or gadget from your hardware. “Entry Point Site” shall be any website which makes the Services available from such website.

If you downloaded the AddressLive application, widget or gadget from a third party site (“Mobile App”), you are granted a limited, non-transferable license to use the Services on any appropriate device as permitted by such third party site. Your use of the Services is not only subject to this Agreement, but also any terms of service and/or rules of such third party site.

You acknowledge that these Terms are between You and AddressLive, and not with any third party from which you obtained the Services (for example, Apple, Google or Microsoft), and such third party (called a “Provider”) is not responsible for the Services nor their content. Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. However, You agree and acknowledge that Provider is a third party beneficiary of these Terms, and that upon Your acceptance of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against You as a third party beneficiary thereof.

There are two general types of users of the Services, registered users that have registered with AddressLive ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to update their contact information for a Registered User.

You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.

This Terms of Service Agreement was last updated on January 1, 2022. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

The Services are owned and operated by AddressLive with a place of business at 668 N Coast Hwy 215, Laguna Beach, CA 92651. The AddressLive Services provide Registered Users with the ability to upload profile image (“Image Content”); create, upload and manage contacts (“Address Content”); connect with Registered Users; create mailing lists, share and export mailing lists (“Mailing Lists”).

You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and AddressLive is not liable to you for any temporary interruption in Services.

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.

You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify AddressLive immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. AddressLive reserves the right to anonymously track and report a user's activity on the website and inside of its Mobile App for analytical purposes.

Conduct on Site

You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your data user data and communications through the site, including Image Content, Address Content, and Mailing Lists created therefrom (collectively, "User Data").

You agree that you will not upload, share, or otherwise distribute any User Data — including text, graphics, images, data, or other information — that:

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;

  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;

  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

  7. contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or

  8. are to be used for a commercial purpose of any kind.

We do not endorse the contents of any User Data, and expressly disclaim any and all liability in connection with User Data. We do not pre-screen or monitor User Data. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against AddressLive arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Linking Conditions

You may not link to the Site unless you comply with these linking conditions.

You may share your AddressLive Profile, Address Content and Mailing Lists hosted on the Site by emailing or otherwise sharing the link associated with your AddressLive Account, or by downloading it to a storage device, personal computer, or mobile device

Your right to link to the AddressLive Site is expressly conditioned upon your compliance with the following restrictions:

  1. The link must either resolve to the homepage, "AddressLive.com," or to the link associated with a User Account.

  1. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of AddressLive or any other third party.

  2. The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.

  3. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and AddressLive; and

  4. The link and surrounding materials must not portray AddressLive or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

Third Party Sites and Information

Our Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.

Intellectual Property

  1. AddressLive's Intellectual Property Rights. AddressLive is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.

  1. AddressLive's trademarks and/or service marks may not be used in connection with any product or service that is not provided by AddressLive, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits AddressLive.

  2. AddressLive's software and services available on the Site are may be subject to patented and/or pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.

  3. Others' Intellectual Property Rights. AddressLive deeply respects the third party intellectual property rights that may be implicated in uploading Image Content. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

  4. In uploading User Profile image using AddressLive's software, you will be able to use your own Image Content such as photos, graphics, or text. You will be able to upload your own image Content. Image content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content.

  5. Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in a AddressLive. For example, professionally-taken photographs should not be used in a AddressLive Profile Image unless you have received permission from the photographer to do so.

  6. Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a AddressLive. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.

  7. You warrant that all AddressLive User Data, inclusive of all Image Content and Address Content they may contain, which have been uploaded by you, either from your own computer or another Site/server, do not infringe the intellectual property, privacy, or other rights of any third parties, and are either created and solely owned by you, or that you have the necessary licenses, rights and permissions to post your AddressLive User Data as contemplated by the Site and to grant AddressLive the rights described herein.

  8. All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

  9. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Notification of claimed infringement should be sent to AddressLive as follows:

  10. By Mail:
    AddressLive
    Attn: Notice of Infringement

    668 N Coast Hwy 215
    Laguna Beach, CA 11211

  11. By E-mail: support@AddressLive.com

  12. To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

  13. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  14. If you believe that your content has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or misidentification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the AddressLive may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.

  15. AddressLive, and not Provider, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the Services or a AddressLive Image Content.

Repeat Infringers

Your account will be terminated if, at AddressLive's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Disclaimer of Warranties

ALL ADDRESSLIVE SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ADDRESSLIVE, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR ADDRESS CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," ADDRESSLIVE EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third party Providers have no warranty obligation to You whatsoever. To the extent that AddressLive has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity. Other than this limited remedy, AddressLive, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the AddressLive Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the AddressLive Services.

Limitation of Liability

EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND ADDRESSLIVE'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE ADDRESSLIVE SERVICES SHALL BE LIMITED TO ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

IN NO EVENT SHALL ADDRESSLIVE OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND ADDRESS CONTENT. ADDRESSLIVE SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR ADDRESS CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold AddressLive and their respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or AddressLive User Content, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with AddressLive’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property, privacy, publicity, or any other right of any person or entity. AddressLive reserves the right, at their own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AddressLive in asserting any available defenses.

Use of Site and Storage of Material

Upon registering with AddressLive, you will be assigned one (1) user account. You are limited to one account per registrant.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.

Do not rely upon this Site as a primary storage space for User Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.

International Use

Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Termination of Use

We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. To the extent you have granted a license to us to use any information or files associated with your account, our deactivating/deletion of your account and/or all related information and files in your account, shall not prevent us from continuing to store and use any information or files associated with your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Publicity Waiver, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.

Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Count of Orange, CA USA.

Notices

All notices to a User or to AddressLive shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@AddressLive.com, if by email, or at AddressLive, 668 N Coast Hwy 215, Laguna Beach, CA 92651, USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by AddressLive.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Miscellaneous

You agree that this Agreement may be assigned by AddressLive, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees.