Welcome to the Liquid Presentation™ website hosted by Liquid Presentation, INC (hereafter also referred to as "Liquid Presentation," "we" and "us"). Please review the following terms and conditions concerning your use of and access to the Liquid Presentation INC™ website located at Liquidpresentation.com (including sub-domains and mobile sites and applications) and any services offered therefrom (including, without limitation, those offered through the Liquid Presentation technology platform (collectively referred to hereafter as, the "Website"). By accessing, using, subscribing, purchasing or downloading any materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the "Terms of Use") and any other terms and conditions embodied any other agreements you enter into with us, including, without limitation the Platform Services Agreement. If you do not agree with the Terms of Use, you may not use the Website.
The Terms of Use together with the Privacy Policy (accessible via the following link: PRIVACY POLICY) explain how we operate the Website, the ways that you are permitted to use the Website, tools available at the Website (including without limitation the Liquid Presentation technology platform), and any support services available through use of our site (collectively referred to hereafter as the "Service").
Privacy
Any information (including personally identifiable information and payment account information) you submit to our site is governed by the Privacy Policy (accessible via the following link: PRIVACY POLICY. The Privacy Policy encompasses any and all information you may provide to our site either for purposes of creating an account, submitting an order or inquiry or to receive further information, updates and promotions about or related to the Website or Service.
Changes to the Terms of Use
We reserve the right to change the Terms of Use at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms of Use may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems.
You agree to periodically review the Terms of Use from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions. If you concurrently entered into a Platform Services Agreement with us, please be advised that the terms of the Platform Services Agreement control over any inconsistent or otherwise conflicting terms and conditions embodied in the Terms of Use or Privacy Policy.
Accessing and Using the Website/Service
Customer Account Access
In order to utilize certain services offered by the Website, you may need to create a customer account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Information at the Website
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, certain information on the Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our site. We reserve the right to amend our services and our site without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on our site are subject to change at any time without notice.
Security
By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
Restrictions on and Termination of Use of the Website/Service
We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms of Use (as determined by us in our sole discretion). You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms of Use, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. You may only use the Website and Service for your own lawful internal business purposes. It is your obligation to comply with all applicable state, federal and international laws.
In consideration of being allowed to use our site, you agree that the following actions shall constitute a material breach of these Terms of Use:
- Collecting information about the Website and Service and the users of the Website and Service without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in our site, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our site or any portion thereof;
- Accessing or using our site for competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Website;
- Impersonating another person or representative of an organization;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use our site;
- Using our site or our services for any purpose in violation of local, state, national, international laws or regulations;
- Using our site or our services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and
- Circumventing any measures implemented by us aimed at preventing violations of the Terms of Use.
Minors May Not Use the Website/Service
You must be at least 21 years old to use the Website or Service. We do not accept users who are under the age of 21. By using the Website or Service or submitting any inquiries, orders or information to us, you represent and affirm that you are at least 21 years old.
Links to Other Websites
The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Intellectual Property Rights
Except where expressly stated otherwise, Liquid Presentation is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
Copyright Infringement Notice:
All users of the Website represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material on our site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) detailed identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Infringement Notifications should be addressed as follows: customer.support@liquidpresentation.com or (808) 349-4503.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR SITE AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF OUR PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIQUID PRESENTATION, INC, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL LIQUID PRESENTATION, LLC OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNIFICATION."
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LIQUID PRESENTATION, INC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS′ FEES CHARGED TO LIQUID PRESENTATION, INC, RESULTING FROM ANY VIOLATION OF THE TERMS OF USE BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICE ON YOUR BEHALF.
Conflicts
Shall a conflict or contradiction exist between these Terms of Use and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
Severability
Any provision of the Terms of Use found to be unenforceable will not void nor effect other provisions of this agreement.
Governing Law & Exclusive Venue
Any and all claims relating to or arising out of your use of the Website or Service, including any services offered by or transactions consummated via the Website or Service, shall be governed by the laws of the State of Nevada and litigated in the state and federal courts located in Clark County in the State of Nevada. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.
Miscellaneous
Except as reflected in any separate written agreement you enter into with us, the Terms of Use (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. We reserve the right to change these Terms of Use or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms of Use without the prior written approval of Liquid Presentation. Any purported assignment in violation of this section shall be void. Liquid Presentation reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Liquid Presentation.
Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: customer.support@liquidpresentation.com
Terms of Use last modified on March 15, 2015.