Terms and Conditions
Terms of Service
March 22, 2020
This document describes the use of Empire Live web site and for using our products and services. Access to this Site, the home page of which is located at https://empirelivestream.com, is offered to you, the individual user by Empire Live Co. located at 209 E. Washington St., Bloomington Illinois 61701, United States of America. These Terms and Conditions of Service (“Terms of Service”) govern your use of the Site and Services.
This web page contains our full User agreement. Limited use of the Site is offered to you by empirelivestream.com subject to, and conditioned upon your acceptance of, these Terms of Service. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Service. Under these Terms of Service only, empirelivestream.com grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Service, you are not an authorized User and should discontinue any use of the Site and Services. Limited use of the Site is offered to you by empirelivestream.com subject to, and conditioned upon your acceptance of, these Terms of Service. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Service. Under these Terms of Service only, empirelivestream.com grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Service, you are not an authorized User and should discontinue any use of the Site and Services.
- OWNERSHIP AND INTELLECTUAL PROPERTY
1A. Ownership. Empirelivestream.com is the exclusive owner and proprietor of the site. The site content as it exist on the site are offered to you by empirelivestream.com for limited use pursuant to these Terms of Service. Site content means any and all human audio and/or visual elements of the site, including, without limitation, any text, graphics, images, photographs, video/audio or audiovisual works, designs andor logos, and other content made available through the site.
1B. Intellectual Property. You agree that empirelivestream.com products and services contain proprietary information and material that is owned by empirelivestream.com and/or its licensors, is protected by applicable intellectual property and other laws, including, but not limited to, copyright. The use of empirelivestream.com’s services do not provide any form of ownership of any intellectual property rights in our the site or content. You agree that you will not use such any proprietary information in any way whatsoever except for use of our services in compliance with these Terms of Service. No portion of this site or content may be reproduced in any form or by any means, except as expressly permitted in these terms. You will agree not to alter, lease, loan, sell, distribute, or create derivative works from this site, in any manner. Neither empirelivestream.com nor anything contained in this Terms of Service grant you the right to use any branding or logos used on this site. You are not permitted to remove or alter any content, legal notices, credits or watermarks displayed in or along with our provided content.
1C. Copyright. The Site, Service and Materials (? 1963-2017, ©2002-2017) are owned by empirelivestream.com and/or the associated performers and music publishers and are protected by applicable domestic and international copyright laws. Unless expressly permitted elsewhere in the Site by empirelivestream.com, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site, Service or Materials, in whole or in part.
1D. Trademark. empirelivestream.com, the empirelivestream.com logo, are trademarks and service marks belonging to empirelivestream.com. Any product, service, or trade name other than those owned by nugs.net that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the empirelivestream.com is strictly prohibited.
- USE OF THE SITE & SERVICES, GENERAL TERMS
2A. License. empirelivestream.com grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the site via Internet protocol and cellular networks only, and in strict conformity with these Terms of Service. No other copy or use of any portion of the Site or Materials is permissible, and the same would constitute an act of copyright infringement. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Empirelivestream.com, in the manner permitted by these Terms of Service. Any other use or exploitation of this Site, including, without limitation, the Site Content or Site Code, is strictly prohibited
2B. Non-Commercial/Personal Use Limitation. empirelivestream.com grants you this license to use the Site and Site Content in accordance with the Terms of Service for the limited purpose of personal use, and not for any commercial purpose
2C. Nature of Services. Empirelivestream.com offers its services for entertainment purposes only. Empirelivestream.com does not warrant the truth or validity of the information or content contained on its site. You acknowledge and understand that, because of the possibility of human and or mechanical error, mistakes and or omissions in the information provided, any delays or interruptions of the data or information stream from whatever cause, as well as other factors, empirelivestream.com is not responsible for errors in or omissions from the information contained or accessed through the site.
2D. Messages and content from Users. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and empirelivestream.com by reason of your transmitting a public Communication to any area of the Site. As used in these Terms of Service, “Your Posted Material” means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films, audio, audiovisual and/or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of your posted material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages “make-money fast” type messages, “chain letters” or “pyramid schemes” of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to “chat rooms” or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). Empirelivestream.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. Empirelivestream.com reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Service. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that empirelivestream.com may not be monitoring the Forums and you are not relying upon empirelivestream.com to monitor the Forums. Empirelivestream.com takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
2E. License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to empirelivestream.com a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Empirelivestream.com’s exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called “Moral Rights” or similar rights under any jurisdiction, now or hereafter recognized with respect to empirelivestream.com (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold empirelivestream.com harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against nugs.net, arising out of or relating to Empirelivestream.com’s exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Service.
2F. Reservation of Rights. Any rights not expressly granted by empirelivestream.com herein are reserved. You may not download, stream, modify, post, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind empirelivestream.com except as expressly permitted in these Terms of Service.
2G. Payments and Refunds. You agree that you will pay for all products you purchase, and that empirelivestream.com may charge your payment method for any products purchased. You are responsible for the timely payment of all fees and for providing nugs.net with a valid payment method for payment of all fees. All purchases from empirelivestream.com are final and nonrefundable. If a product becomes unavailable following a transaction, but prior to empirelivestream.com tender of the product to the purchaser, the purchaser’s sole remedy is a refund of the price paid to empirelivestream.com or exchange for a product of equal or lesser value, and certain content may be excluded from such exchanges. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement, exchange for a product of equal or lesser value, or refund of the price paid.
2H. SAFETY INFORMATION. You are prohibited from using empirelivestream.com in any way that distracts you and prevents you from obeying traffic or safety laws. To avoid muscle, joint, or eye strain during your use of the products and/or Services offered by nugs.net, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products and Services offered by empirelivestream.com if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
3A. As with any online interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. empirelivestream.com does not and cannot guarantee that its system is free from hackers or viruses or that information provided by Users to empirelivestream.com will not be stolen or otherwise surreptitiously obtained. empirelivestream.com is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials or Services contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Service, empirelivestream.com expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
3B. Neither empirelivestream.com nor any provider of content for this site or their agents warrant that this site, and its services will be uninterrupted or without error, or free from hacking, attack, virus free or other security breaches, and empirelivestream.com henceforth disclaims any liability thereto; In addition empirelivestream.com, and all providers of content to this site and their representative agents make no warranty as to the results coming from the use of this site. You hereby agree that all risk as to the accuracy, completeness and quality of performance of the site is assumed solely by you, the user.
3C. Empirelivestream.com’s officers, directors, shareholder and employees along with any affiliates and third party providers shall not be liable for any direct, indirect damages arising from the use of the services provided by this site. Empirelivestream.com and all its agents and associates shall not be liable for financial loss or damages resulting from any occurrence that could be reasonably foreseeable.
- Indemnity. You hereby agree to indemnify, defend and hold harmless empirelivestream.com and its affiliates from and against any and all liability and costs incurred by empirelivestream.com or its affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. empirelivestream.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of empirelivestream.com.
- GENERAL TERMS.
5A. Notices. Notices by empirelivestream.com to you may be given by means of a general posting at the Site, by sending an email message to your Account email address or a letter by conventional mail to your Account mailing address. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Service as follows:
5B. Governing Law/Forum Selection. These Terms of Service are governed by the laws of the State of Illinois United States of America applicable to contracts made and performed solely in the State of Illinois, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts of State of Illinois, United States of America in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement, these Terms of Service or this Site. empirelivestream.com and you hereby consent to personal jurisdiction in the federal or state courts of State of Illinois, United States of America.
5C. Relationship Between the Parties. Nothing contained in these Terms of Service shall be construed to constitute you and empirelivestream.com as partners or joint ventures or to constitute employment or any type of agency. These Terms of Service control the relationship between empirelivestream.com and you. These Terms of Service do not create any third party beneficiary rights.
5D. Severability. If any provision of these Terms of Service is held invalid, unenforceable or void, the remainder of the Terms of Service shall not be affected thereby and shall continue in full force and effect, and that portion held invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.
5E. Objectionable Material. You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site and Services at your sole risk and empirelivestream.com shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. The information provided by empirelivestream.com regarding its products and Services is provided for your convenience, and you agree that empirelivestream.com does not guarantee their accuracy.
5F. Full Integration. These Terms of Service constitute the entire agreement between you and empirelivestream.com related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Service supersede all prior written, oral, or electronic agreements between you and empirelivestream.com relating to this Site.
5G. Written Agreement. These Terms of Service constitute a written agreement between you and empirelivestream.com. A printed version of these Terms of Service, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
5H. Use in Other Locations. This site is operated in the State of Illinois, United States of America. No representation or warranty is made that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
5I. Force Majeure. Empirelivestream.com shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
5J. Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If you do not comply with these Terms of Service, and empirelivestream.com does not take action (including, without limitation, after empirelivestream.com has been provided notice of an event inconsistent with the Terms of Service), empirelivestream.com does not waive any rights that we may have, such as taking action in the future.
5K. No Jury Trial. You hereby waive all rights to a jury trial.
5L. Compatibility. Use of the empirelivestream.com Site and Services requires compatible devices, Internet access or cellular phone service, and certain software, and may require periodic updates. Your use of empirelivestream.com may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for some video. You agree that meeting these requirements, which may change from time to time, is your responsibility.
6A. To this Agreement. empirelivestream.com has the right to modify this Agreement, and any policies affecting the site, including, without limitation, the Privacy and No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following any modification to this Agreement shall be conclusively deemed an acceptance of all such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of empirelivestream.com in providing the Site, including without limitation, (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the paid Services, is to terminate your Account or cancel your subscriptions to empirelivestream.com Services.
6B. To the Site, Materials and Services. empirelivestream.com has the right to modify, suspend, disable or discontinue the Site, Materials and/or Services or any portion thereof at any time, including, without limitation, the availability of any area of the Site, any Site Content and/or the free or fee-based Services. Empirelivestream.com may also impose limits on certain features and services or restrict your access to parts or all of the empirelivestream.com Site and/or Services without notice or liability.