Your User Agreement

The following describes the terms on which LiveMyHustle offers you access to our services.

Introduction

Welcome to LiveMyHustle.com. By using the services on the LiveMyHustle website (LiveMyHustle.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with LiveMyHustle and the general principles for the websites of our subsidiaries. 

Before you may become a member of LiveMyHustle, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. By accepting this User Agreement, you also agree that your use of some LiveMyHustle-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on September 1, 2009, for current users, and upon acceptance for new users. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.LiveMyHustle.com. LiveMyHustle may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Using LiveMyHustle

While using LiveMyHustle, you will not:

  • post content or items in an inappropriate category or areas on our sites and services;
  • use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
  • fail to deliver payment for items purchased by you,
  • abuse, harass, threaten, impersonate or intimidate other LiveMyHustle users
  • use our site or services for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other user's listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to LiveMyHustle;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information). You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post and display on LiveMyHustle;
  • transfer your LiveMyHustle account and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm LiveMyHustle, or the interests or property of LiveMyHustle users;
  • copy, modify, or distribute content from the Sites and LiveMyHustle's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Violation of any of these agreements will result in the termination of your LiveMyHustle account. While LiveMyHustle prohibits such conduct and content on its site, you understand and agree that LiveMyHustle is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the LiveMyHustle service at your own risk.

General Conditions

  • LiveMyHustle reserves the right to modify or terminate the LiveMyHustle service for any reason, without notice at any time.
  • LiveMyHustle reserve the right to alter these terms at any time. If the alterations constitute a material change to the terms, LiveMyHustle will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at LiveMyHustle's sole discretion, in good faith and using common sense and reasonable judgment.
  • LiveMyHustle reserves the right to refuse service to anyone for any reason at any time.
  • LiveMyHustle may, but has no obligation to, remove content ("Content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that LiveMyHustle determine in LiveMyHustle's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy of LiveMyHustle, or other policy documents and community guidelines as posted on LiveMyHustle.
  • The LiveMyHustle service makes it possible to post images hosted on LiveMyHustle to outside websites. This use is accepted. However, pages on other websites which display images hosted on LiveMyHustle must provide a link back to LiveMyHustle from each photo to its photo page on LiveMyHustle.
  • You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to LiveMyHustle, you agree to allow other LiveMyHustle users to view them and you agree to allow LiveMyHustle to display the images and content on LiveMyHustle and store the images, item description, profile and other content..
  • We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or not currently known.

 

Third-Party Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of LiveMyHustle, and you acknowledge that (whether or not such sites are affiliated in any way with LiveMyHustle) LiveMyHustle is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by LiveMyHustle or any association with its operators.

 

LiveMyHustle cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from LiveMyHustle since other shop channels are owned and operated by independent retailers. LiveMyHustle does not endorse any of the merchandise, nor has LiveMyHustle taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. LiveMyHustle does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

Access and Interference

The site contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to LiveMyHustle by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of LiveMyHustle and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the LiveMyHustle Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Contests and Sweepstakes

From time to time LiveMyHustle hosts contests on the site.  In such cases, the rules for each contest or sweepstakes shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof. 

Notices

Except as explicitly stated otherwise, legal notices shall be served on LiveMyHustle's national registered agent (in the case of LiveMyHustle) or to the email address you provide to LiveMyHustle during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and LiveMyHustle, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LiveMyHustle agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing LiveMyHustle@gmail.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against LiveMyHustle must be resolved by a court located in Solano County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Solano County, California for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All claims you bring against LiveMyHustle must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, LiveMyHustle may recover attorneys' fees and costs up to $1000, provided that LiveMyHustle has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

  • Prohibited, Questionable & Infringing Item Policy - Your Activities which results in your content on LiveMyHustle shall not:
  • be false, inaccurate or misleading;
  • be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the terms, condition, and policies of LiveMyHustle;
  • infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • be obscene or contain child pornography
  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  • link directly or indirectly to or include descriptions of goods or services that:
  •  
  • Registration Policy - In consideration of your use of LiveMyHustle, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the LiveMyHustle registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LiveMyHustle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LiveMyHustle has the right to suspend or terminate your account and refuse any and all current or future use of LiveMyHustle (or any portion thereof).
  • Member Account, Password, and Security Policy - You will receive a password and account designation upon completing the LiveMyHustle registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LiveMyHustle of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You may never use another's account without permission.
  • Board Usage Policy - The Materials, information, and opinions included and/or expressed in or on bulletin boards, community page or other forums on this site ("forums") are not necessarily those of LiveMyHustle or content providers. Does not undertake to monitor or review forums, and the content of forums is not the responsibility of LiveMyHustle. LiveMyHustle may remove or modify any content without notice or liability at any time in LiveMyHustle's sole discretion. Any use of the forums will be at your own risk and will be subject to the disclaimers and limitations on liability set out herein.

Each of these policies may be changed from time to time. Changes take effect when we post them on the LiveMyHustle site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

Copyright and Intellectual Property Policy

LiveMyHustle respects the intellectual property rights of others and we require our users to do the same.  We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.  In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify LiveMyHustle's Copyright Agent, and provide the following information ("Notice"):

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved. 

LiveMyHustle's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o LiveMyHustle.
55 Springstown Ctr. #267, Vallejo, CA  94591

By email:   violations.LiveMyHustle@gmail.com

Trademarks

All brand, product and service names used in this Site which identify LiveMyHustle or third parties and their products are proprietary marks of LiveMyHustle a subsidiary of LiveMyHustle. and/or the relevant third parties.  Nothing in this service shall be deemed to confer on any person any license or right on the part of LiveMyHustle or any third party with respect to any such image, logo or name.  You shall not make any use of any of the company's trademarks, logos, or trade dress without prior express and written approval by LiveMyHustle.

Copyright

LiveMyHustle is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to LiveMyHustle are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of LiveMyHustle or the appropriate owner of copyright in such works. LiveMyHustle does not claim ownership rights in your works or other materials posted by you to LiveMyHustle (Your Content).

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

 

 

User Agreement - LiveMyHustle

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