LLYWD.ORG TERMS OF USE AGREEMENT

All materials on this site as of December, 2007 are owned by Live Loud, LLC or used with permission. All rights reserved. Live Like You Were Dying is a registered trademark of Big Loud Shirt Industries, LLC, a Tennessee Limited Liability Company.

These terms of use constitute a legal agreement between you and Live Loud, LLC (referred to herein as “Live Loud”) concerning the connection to, or the viewing of, or the use of llywd.org (this “Site”). Please read this agreement ("Agreement") in its entirety before you continue to use this website. The navigation, viewing, e-mail submission, question submission, the downloading or use of Site Material (as defined herein), or downloading any material from the web site, or the submission of any material whatsoever signifies your agreement with these terms of use and if you do not agree with any of the following terms of use, please do not view or use this site. Live Loud reserves the right to, in its sole discretion, modify these terms of use at any time and you agree to be bound by any such modification.

COPYRIGHT
All content included on this site, including, but not limited to graphics, logos, button icons, images, names and likenesses, downloads, audio clips, video clips, multimedia files, (“Site Material”), is the sole and exclusive property of Live Loud or its respective affiliates, agents, owners or other related parties and is protected by United States and international copyright laws. Therefore, you must treat all Site Material like other copyrighted material. Any unauthorized use of the Site Material is strictly prohibited and will be considered willful infringement for purposes of any potential claim for copyright infringement by Live Loud, or its respective members, affiliates, representatives, administrators or assigns.

TRADEMARKS
llywd.org, Live Like You Were Dying, Live Loud, and other marks indicated on our site (including, without limitation their words, images, logos, and stylized designs) are registered trademarks of Big Loud Shirt Industries, LLC, o r Live Loud in the United States and other countries or are being used with permission. Any and all trademarks related to this Site may not be used in connection with any product or service that is not llywd.org or Live Loud or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Live Loud, its individual members, heirs, assigns and/or affiliates.

SUBMISSIONS
Although comments and questions about Live Like You Were Dying and Live Loud Ministries are welcomed, Live Loud and its individual members, affiliates, administrators and assigns do not accept unsolicited submissions, creative ideas, creative material or other content for consideration for use by Live Loud programs or products, or this website. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Live Loud; provided however, it is explicitly understood that the individual members of Live Loud and any of their officers, directors, employees, agents, and affiliates will not view, listen, or otherwise perceive any submissions, whether written submissions or musical material submissions (including without limitation, mp3 files, multimedia files, music files, etc). Furthermore, Live Loud, and its individual members, affiliates, administrators and assigns are not responsible for the confidentiality of any information communicated to this Site. By communicating any material whatsoever to this Site, you agree that Live Loud has the right to publish without further consideration, such material for any purpose, including, but not limited to, advertising and promotional purposes.

FORUMS
Live Loud is not responsible for any material posted in any electronic bulletin board, chat room or in any other forum on this website (each, a "Forum"). Live Loud is merely providing access to such material in such Forum(s) as a service to you and Forums shall be used only in a noncommercial manner and for entertainment purposes only, unless otherwise expressly indicated. You shall not, without Live Loud’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any commercial online service or other organization, without Live Loud’s prior written approval, is expressly prohibited.
With respect to any materials posted for inclusion in such Forums by other parties, such parties are responsible for the reliability, accuracy, and truthfulness of such material and such matters are beyond the control of Live Loud. Similarly, Live Loud has no control over whether such material is of a nature that users will find offensive or otherwise unacceptable and expressly disclaims any responsibility for such material. Just as when you obtain materials in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing materials in any of the Forums and in taking any actions based upon material in such Forums. Accordingly, you will bear all risk associated with any such material that you access. With respect to any materials you elect to post for inclusion in such Forums, you grant to Live Loud, simultaneous with such posting, the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, and transmit (whether through digital or analog transmission) such material worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree not to upload, transmit, distribute or otherwise publish in any Forum any material that is:
1. libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
2. an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks or publicity rights, of any person or entity;
3. illegal in any way or advocates illegal activity;
4. an advertisement or solicitation of funds, goods, or services (unless approved by Live Loud in writing);
5. a message posted by a user impersonating another;
6. personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references (unless expressly requested by Live Loud for provision in a secure environment); or
7. chain letters of any kind.
You also agree to indemnify Live Loud for any claims or suits arising from your posting of such material in a Forum and you will be responsible for any legal fees, including, without limitation, attorneys’ fees, court costs, cost of discovery (including costs of depositions, court reporters, expert witness fees, etc) immediately upon written demand by Live Loud, regardless of whether any such claim or dispute has been fully adjudicated, resolved or otherwise disposed of.
Live Loud reserves the right to monitor and, its sole discretion, may delete any postings deemed inconsistent with its policies. If you are aware of any such material posted on this Site, please contact us immediately. Please provide as much detail as possible, including a copy of the underlying material, the location where Live Loud may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to Live Loud. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates. Although Live Loud may or may not monitor materials in Forums, in no event does it assume any particular obligation to do so or liability for failing to either monitor the Forums or remove specific material.
Except as explicitly indicated in this Site, the Site Material and products provided on this website is for entertainment and promotional purposes only. Information and opinions expressed in Forums are not necessarily those of Live Loud. Neither Live Loud, nor its officers, directors, employees, agent, distributors and affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on this Site.
LINKS
Live Loud is not responsible for the content of any sites which may be linked to this site. These links are provided for your convenience only and you access them at your own risk.
LICENSE AND SITE ACCESS
Live Loud grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Live Loud. This license does not include any resale or commercial use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be modified, adapted, translated, reverse engineered, de-compiled, disassembled, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of Live Loud. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Site and our affiliates without express written consent of Live Loud. You may not use meta tags or any other "hidden text" utilizing the llywd.org name, logo or trademarks without the express written consent of Live Loud. Any unauthorized use terminates the permission or license granted by Live Loud and your right to use this Site terminates immediately

RISK OF LOSS
You assume the risk of loss for all items or products purchased from this Site which means that the risk of loss and title for such items pass to you upon Live Loud’s delivery of such item to the carrier.

DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, SITE MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LIVE LOUD (OR THEIR VENDORS OR SUPPLIERS) ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIVE LOUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SITE MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIVE LOUD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS ITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR THAT ANY DEFECTS WITH THIS SITE WILL BE CORRECTED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIVE LOUD, AND ITS AND ITS RESPECTIVE MEMBERS, AFFILIATES, REPRESENTATIVES, ADMINISTRATORS OR ASSIGNS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIVE LOUD DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, SITE MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM LIVE LOUD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL LIVE LOUD OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE INABILITY TO USE THIS SITE OR FROM ANY INFORMATION, CONTENT, SITE MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LIVE LOUD HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT, ANY PRODUCTS OR SERVICES ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LIVE LOUD UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

INDEMNFICIATION:
By using this website and/or posting material, you agree to indemnify Live Loud, its officers, directors, employees, agents, and affiliates for any and all claims, damages, losses and causes of action arising out of your breach of the foregoing agreement including all attorneys’ fees, court costs, litigation costs (including without limitation expert witness fees, court reporter costs, travel costs, etc.) (collectively the “Litigation Costs”) and you will immediately pay such Litigation Costs upon such being presented to you by Live Loud, or Live Loud’s agents or affiliates. In the event that you are unable to indemnify Live Loud for any such claim, damage, or loss, you hereby grant Live Loud a security interest in and to any and all real, personal and intellectual property which is owned by you, or which may come in to your possession until such time as any claim, damage, loss (including all Litigation Costs).

APPLICABLE LAW
This site is controlled and operated by Live Loud from the headquarters in Nashville, Tennessee. Live Loud does not represent or warrant that Site Materials on this website are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to this site shall be brought in either the State or Federal Courts of Davidson County, Tennessee. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect. 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 service or the this Agreement must be filed within one (1) year after such claim or cause of action first arose or be forever barred.
Live Loud is committed to protecting the online privacy of visitors to our website. This policy applies only to the websites and online services provided by this Site. The purpose of this policy is to inform you about the types of information we gather about you when you visit our websites, how we may use that information, and how we disclose it, if at all, to third parties.
This Site is not designed for use by children without their parent's supervision. Live Loud asks that anyone under the age of thirteen not submit any personal information through our websites. Live Loud does not knowingly collect any personal information from children under the age of thirteen, and therefore we do not knowingly distribute such information to third parties.