Terms of Use:

LiveMocha, Inc:

Welcome to LiveMocha.com (“Site”), which is owned and operated by LiveMocha, Inc. The following Terms of Use Agreement (“Agreement”) governs your access to and use of the Site. Please review the entire Agreement carefully. The LiveMocha.com service and network (collectively, "LiveMocha" or "the Service") are operated by LiveMocha, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.livemocha.com, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of LiveMocha.com.

1. General

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

2. Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

3. Privacy

Your use of the Site will be governed by the LiveMocha.com Privacy Policy. By checking the box indicating you accept the terms of this Agreement, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

4. Term.

This Agreement shall remain in full force and effect while you use LiveMocha.com or are a Member. LiveMocha.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. You may terminate your Membership at any time, for any reason, by contacting us by email at postmaster@LiveMocha.com. Requests account termination may be made in writing to:

LiveMocha, Inc – Account Termination

1220, 116th Ave NE, #200,

Bellevue, WA

98004

United States of America

5. Fees.

You acknowledge that LiveMocha.com reserves the right to charge for the LiveMocha Services and to change its fees from time to time in its discretion.

At no time will you be charged without your prior knowledge and explicit consent.

6. Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from LIVEMOCHA, INC. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and LIVEMOCHA, INC does not grant you any express or implied rights to access or use the Site for any other purpose.

7. Registration

To become a LiveMocha.com member, you need to register with LiveMocha.com. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. LIVEMOCHA, INC has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or incomplete.

8. Security

You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify LiveMocha.com of any unauthorized use of your password or username or any other breach of security.

9. Storage

You acknowledge that LIVEMOCHA, INC may establish general practices and limits concerning use of LiveMocha.com, including without limitation the maximum number of days that messages, lesson submissions, lesson progress, lesson data, lesson submission comments, or other uploaded content will be retained by LiveMocha.com, the maximum number of messages or other content that may be sent from or received by an account on LiveMocha. com, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on LiveMocha.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access LiveMocha.com in a given period of time. You agree that LIVEMOCHA, INC has no responsibility or liability for the deletion or failure to store any messages, lesson submissions, lesson progress, lesson data, lesson submission comments, or other uploaded content maintained or transmitted by LiveMocha.com. You acknowledge that LIVEMOCHA, INC reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that LIVEMOCHA, INC reserves the right to modify these general practices and limits from time to time.

10. Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (“Content”), are owned by LIVEMOCHA, INC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without LIVEMOCHA, INC’s prior written consent. Requests for permission to reproduce any Content must be made in writing to:

LiveMocha, Inc - Content Licensing

1220, 116th Ave NE, #200,

Bellevue, WA

98004

United States of America

11. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, and designs of all LIVEMOCHA, INC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to LIVEMOCHA, INC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of LIVEMOCHA, INC or any third party.

12. User Content and Communications

Other than personal information, which is covered under the LiveMocha.com Privacy Policy, any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. LIVEMOCHA, INC does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that LIVEMOCHA, INC shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information.

You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

(a) is copyrighted, unless you are the copyright owner;

(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by LIVEMOCHA, INC in its sole discretion;

(e) is illegal or otherwise objectionable;

(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or

(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

By using this site, you understand and agree that LIVEMOCHA, INC may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that LIVEMOCHA, INC may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of LIVEMOCHA, INC or any third party.

13. Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Violations of system or network security may result in civil or criminal liability. In accordance with these Terms of Use, LIVEMOCHA, INC will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

14. Member Disputes.

You are solely responsible for your interactions with other LiveMocha.com Members. LiveMocha.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

15. U.S. Export Controls.

Software available in connection with LiveMocha.com is further subject to United States export controls. No Software may be downloaded from the LiveMocha Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Third-Party Content and Links to Third-Party Web Sites

The Site may contain third-party owned content and links to other websites (“Linked Sites”). LIVEMOCHA, INC does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of LIVEMOCHA, INC, and LIVEMOCHA, INC is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. LIVEMOCHA, INC is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by LIVEMOCHA, INC in favor of any third party.

17. Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide LIVEMOCHA, INC’s Copyright Agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address, and daytime telephone number, and an e-mail address if available, so that LIVEMOCHA, INC may contact you if necessary;

(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

LIVEMOCHA, INC’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

LiveMocha, Inc – Copyright Agent

1220, 116th Ave NE, #200,

Bellevue, WA

98004

United States of America

LIVEMOCHA, INC will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

18. Acceptance of Terms

1. Electronic Signature. This Agreement is an electronic contract that governs your use of and access to the Site. By checking the box indicating you accept these terms, you create an electronic signature that has the same legal force and effect as a handwritten signature.

2. Electronic Form. When you check the box indicating your acceptance of the Agreement, you also consent to have the Agreement provided to you in electronic form and agree to receive information about your account electronically. LIVEMOCHA, INC reserves the right to send you information about your account by postal mail.

3. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign it. To receive a non-electronic copy of the Agreement, please send an e-mail to postmaster@LiveMocha.com or a letter and self-addressed, stamped envelope to:

LiveMocha, Inc – Terms of Use Request

1220, 116th Ave NE, #200,

Bellevue, WA

98004

United States of America

4. Withdrawing Your Consent . You have the right at any time to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, you will no longer be enrolled in the Site and you will not be able to access password-protected areas of the Site. We only will issue you a new username and password for the Site after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send an email to postmaster@LiveMocha.com or a letter and self-addressed stamped envelope to:

LiveMocha, Inc – Withdrawal of Consent Request

1220, 116th Ave NE, #200,

Bellevue, WA

98004

United States of America

Your withdrawal of consent will be effective within a reasonable time after LIVEMOCHA, INC receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Agreement.

5. Access and Retention. In order to access and retain the Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access or retain the Agreement that create a material risk that you will not be able to continue to access or retain it.

19. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS.” LIVEMOCHA, INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. LIVEMOCHA, INC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIVEMOCHA, INC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY LIVEMOCHA, INC, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY LIVEMOCHA, INC OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

LIVEMOCHA, INC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND LIVEMOCHA, INC DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY LIVEMOCHA, INC. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.

20. Limitation of Liability

IN NO EVENT WILL LIVEMOCHA, INC OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE LIVEMOCHA, INC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LIVEMOCHA, INC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, LIVEMOCHA, INC’s liability in such jurisdictions shall be limited to the extent permitted by law.

21. Indemnification

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

22. Choice of Law and Forum

The Agreement is subject to the laws of the State of Washington . If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association.

23. Termination

LIVEMOCHA, INC reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

24. Nondisclosure

Recipient will not use any information about the LiveMocha service for any purpose except to evaluate the service and provide feedback to LiveMocha. Recipient will not disclose any information about the LiveMocha service including but not limited to features, content, screen shots, members to any third party. This restriction will survive until the LiveMocha service becomes publicly known and is made generally available through no action or inaction of the user

25. No Waiver

The failure of LIVEMOCHA, INC to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

26. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LIVEMOCHA, INC as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and LIVEMOCHA, INC and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.