Liveupload is an application and website developed for the sharing and enjoyment of photos.

By accessing or using the Liveupload website or any applications (including mobile applications) made available by Liveupload (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Live Upload Limited ("Liveupload"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Liveupload name and logos are copyrighted materials belonging to the developers and must not be used, copied, or shared without prior written consent from the developers.

By accessing the Liveupload website or application you are agreeing to the terms and conditions set out by Liveupload.

You agree that you are at least 13 years old to use Liveupload.

You agree to use Liveupload’s reporting mechanism if you see any breaches of its terms and conditions to keep Liveupload a safe, secure and respectful environment.

You agree that you are using this service on your own behalf and that you are of sound mind. If you are using this service on behalf of an entity, you agree that you have their full written permission. You also represent that all information you provide or provided to Liveupload upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You must not create accounts with Liveupload through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You agree that you are fully responsible and accountable for any and all activities initiated by you including but not limited to usernames, posts, photographs, messages and login information.

You agree that Liveupload is not responsible for what you post and cannot monitor your posts. By posting on Liveupload, the developers do not agree with or condone your posts in any shape. You are responsible for any activity that occurs through your account.

You must not attempt to restrict another user from using or enjoying Liveupload and you must not encourage or facilitate violations of these Terms of Use or any other Liveupload terms.

You agree that you are responsible for any data charges levied by your providers as a result of using Liveupload.

You are responsible for keeping your password secret and secure.

You agree that you will not post any materials whether speech or photographic that are extreme, pornography, nudity, profanity, harassment or hateful speech, anything illegal or unlawful, sexually suggestive or discriminatory to any individuals or groups of people.

You agree that you will not be rude, aggressive, defamatory or hateful to anyone whilst using Liveupload. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private, personal or confidential information using Liveupload, including, without limitation, your or any other person's payment card information, social security or passport or national identity numbers, non-public phone numbers or non-public email addresses.

Liveupload is an application and website for the sharing and enjoyment of photographs, the developers take people’s privacy extremely seriously and by using the application you agree that you will not invade or breach the privacy of any person. Liveupload will not be responsible for any breaches of privacy arising from any misuse of its service.

You agree that you will abide by all laws and regulations applicable to you in your own state or region or any other laws that can affect your usage of Liveupload. You agree that may not use the Service for any illegal or unauthorized purpose. You understand and agree that Liveupload cannot and will not be responsible for the material posted on Liveupload and you use Liveupload at your own risk.

You agree that: (i) you own the material posted by you on or through Liveupload or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of material on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of material you post on or through Liveupload; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You agree that you will not use any copyrighted materials on Liveupload and you agree not to breach any Intellectual property rights belonging to any individuals, companies or groups whilst using Liveupload. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you post via Liveupload.

You agree that all materials posted on Liveupload by you is your own copyrighted material.

You agree not to interfere with the API, codes or any technical aspects of Liveupload.

You agree to have advertising material displayed on your posts or areas used by you on the Liveupload service. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Liveupload reserves the right to block, ban or remove your account for any breaches of its terms or at its sole discretion. We reserve the right to modify or terminate your access to Liveupload for any reason, without notice, at any time, and without liability to you. If we terminate your access to Liveupload or you use deactivate your account, your photos, and all other data will no longer be accessible through your account but those materials and data may continue to appear within Liveupload.

You agree that Liveupload may remove, edit, block, and/or monitor material you post or accounts containing material that we determine in our sole discretion violates these Terms of Use.

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You agree and are aware that by signing up to the Rally aspect of Liveupload, your location can be tracked and displayed to either a specific number of people or the whole world. You agree that you authorise this tracking which can be turned off by you at any time from within the app.

Liveupload reserves the right to change its terms, conditions or general look and feel of the app and website or other media at its discretion without prior warning ('Updated Terms'). We will usually provide reasonable advance notice before Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on Liveupload under 'Terms', and that your use of Liveupload after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using Liveupload. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

Liveupload reserves the right to revoke any user’s username without notice.

Liveupload reserves the right to refuse access to the Service to anyone for any reason at any time.

Photos and other material posted by you on Liveupload belong to you, however you hereby grant Liveupload a royalty free, fully paid and transferable licence to use this information worldwide.

Liveupload has no obligation to monitor the usage or interaction of users whether whilst using its application or website or other medium or when they are offline. Liveupload is not responsible for the conduct of the users of its services. You are solely responsible for your interaction with other users of Liveupload, whether online or offline. Liveupload does not have any obligation to pre-moderate, monitor, edit, or remove any material posted. If your material violates these Terms of Use, you may bear legal responsibility for it.

Any material which you provide to Liveupload, save as otherwise described in the Privacy Policy, will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of it. You acknowledge and agree that your relationship with Liveupload is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any material does not place Liveupload in a position that is any different from the position held by members of the general public, including with regard to your material. None of your material will be subject to any obligation of confidence our part, and Liveupload will not be liable for any use or disclosure of any material you provide.

The availability of Liveupload may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.and you agree that Liveupload is not responsible for any losses you may incur as a result, whether in followers or revenue or any other aspect resulting from the downtime. Liveupload not a backup service and you agree that you will not rely on Liveupload for the purposes of backup or storage.

UNDER NO CIRCUMSTANCES WILL LIVEUPLOAD BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE LIVEUPLOAD GENERATED CONTENT; (C) MATERIAL GENERATED BY USERS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LIVEUPLOAD OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LIVEUPLOAD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL LIVEUPLOAD BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LIVEUPLOAD'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY LIVEUPLOAD, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY LIVEUPLOAD.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

LIVEUPLOAD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Liveupload's request), indemnify and hold Liveupload harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your material or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Liveupload in the defense of any claim. Liveupload reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Liveupload.

These Terms of Use are governed by and construed in accordance with the laws of England and Wales.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Liveupload's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Liveupload reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Liveupload.

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Liveupload and governs your use of the Service, superseding any prior agreements between you and Liveupload. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Liveupload. Any purported assignment or delegation by you without the appropriate prior written consent of Liveupload will be null and void. Liveupload may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Liveupload to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Liveupload provides.

The effective date of these Terms of Use is January 19, 2013. These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.