Terms of Service

Terms of Service

YOU MUST READ THE FOLLOWING TERMS OF USE ("Agreement"). YOUR CONTINUED USE OF THE SERVICE INDICATES YOU HAVE READ AND ACCEPTED THESE TERMS IN THEIR ENTIRETY.

1. General

1.1 Agreement is a contract between you and LIVEWIRE MOBILE, INC., and governs your use of this website ("Site"), all content purchased or obtained from this Site and your use of the services provided by Livewire Mobile, Inc. (collectively the "Services"). By using the Site and/or completing the registration process on the Site, you represent that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not use the Site, continue the registration process or otherwise attempt to access the Services. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENTS' PERMISSION TO USE THE SERVICES AND HAVE THEM READ AND AGREE TO THIS TERMS OF SERVICE. By registering for or using the Services or the Site, you also represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with this Agreement.

To use certain Applications and/or Services you may be required to agree to a separate LIVEWIRE MOBILE, INC. license agreement. If any provision of this Agreement conflicts with any provision of the separate LIVEWIRE MOBILE, INC. license agreement, the separate LIVEWIRE MOBILE, INC. license agreement will control with respect to the specific Applications and/or Services applicable to such separate LIVEWIRE MOBILE, INC. license agreement.

1.2 We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and we may send registered users an email notifying such users of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU AGREE TO STOP USING THE SITE AND THE SERVICES. YOUR CONTINUED USE OF THE SITE OR THE SERVICES FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

1.3 The Services may only be provided in the United States and, if you qualify to use the Services in the United States, you agree that you will use the Services only in the United States. To use the Services, you must provide LIVEWIRE MOBILE, INC. with certain minimum information. This information will be used to enable you to download or otherwise access the Services. For certain services or to take advantage of certain special offers, you will be required to register with LIVEWIRE MOBILE, INC. and create an on-line account. You will always have the option to register with LIVEWIRE MOBILE, INC. and create an on-line account, which will provide you with access to faster checkout, promotional offers and information from LIVEWIRE MOBILE, INC. When you create an account, you will be required to provide additional information such as your first name, last name, email address, and a password that you can change ("Registration Information"). If you choose to register, you agree to provide current, complete and accurate Registration Information and that you will update your Registration Information as necessary to keep it current, complete and accurate in the "My Account" area of the appropriate Site. You agree that you will not allow others to use your password and/or account. You agree to indemnify and hold LIVEWIRE MOBILE, INC., its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorized or illegal uses of your password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your password and/or account.

1.4 LIVEWIRE MOBILE, INC. may in its sole discretion terminate this Agreement or suspend your access to the Services and/or your account at any time. If LIVEWIRE MOBILE, INC. terminates this Agreement, or suspends your access to the Services and/or your account for any of the reasons set forth in this paragraph, LIVEWIRE MOBILE, INC. shall have no liability or responsibility to you, and LIVEWIRE MOBILE, INC. will not refund any portion of your applicable fees. You understand and agree that your cancellation of your access to the Service and/or your account is your sole right and remedy with respect to any dispute with LIVEWIRE MOBILE, INC. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or LIVEWIRE MOBILE, INC.'s enforcement or application of the same; (2) any policy or practice of LIVEWIRE MOBILE, INC., including its or this sitea??s Privacy Policy, or LIVEWIRE MOBILE, INC.'s enforcement or application of these policies; (3) the Content; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. Except as set forth above with respect to inadvertent charges, in the event that your access to the Service, account, or club membership is suspended, terminated or canceled, LIVEWIRE MOBILE, INC. will not refund any fees.

2. Service

2.1 Description of Service. The Services are available via a number of websites, including GBVdigital.com. The Service known as "Mediadrome" enables you to download music utilizing your own personal computer or mobile device. All types of Service Content are available on an "A La Carte", or pay per Content item, basis.

2.2 Use of Service

2.2.1 You may use the Services only in accordance with the terms and conditions of this Agreement and any amendments, including any additional terms specified in connection with any particular feature or function of the Service.

2.2.2 The Services are for your personal use and may only be used in accordance with the terms and conditions of this Agreement. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Services, including the Content. For example, you may not copy or distribute the Services or the Content in any manner not expressly authorized by the Services.

2.2.3 You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Content. You agree to advise LIVEWIRE MOBILE, INC. promptly of any such unauthorized use(s) or attempt(s).

2.2.4 LIVEWIRE MOBILE, INC.'s rights to make certain Content available to you may change. In such event, LIVEWIRE MOBILE, INC. reserves the right to change the available Content without notice. If LIVEWIRE MOBILE, INC. ceases making any such rights available, LIVEWIRE MOBILE, INC. will not refund any portion of your applicable fees, but, as your sole remedy, you may contact customer support to receive an appropriate replacement.

2.2.5 You assume total responsibility and risk for your use of the Services. To the extent permitted by law, LIVEWIRE MOBILE, INC. provides all Services, Content and any other information on an "AS IS" basis and does not make any warranties, express or implied, representations or endorsements with regard to the Services or the Content.

2.2.6 As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or network connected to the Service, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Services, accounts, computer systems or networks connected to the Service, through any means. LIVEWIRE MOBILE, INC. reserves the right at all times to disclose any information as LIVEWIRE MOBILE, INC. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

2.2.7 The Site or the Services may present links to retailers and/or other third-party websites not owned or operated by LIVEWIRE MOBILE, INC. These links are provided only as a convenience to you. Neither LIVEWIRE MOBILE, INC. nor its business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither LIVEWIRE MOBILE, INC. nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.

2.2.8 LIVEWIRE MOBILE, INC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You agree that neither LIVEWIRE MOBILE, INC. nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of all of any part of the Services.

2.2.9 By posting messages, inputting data, or engaging in any other form of communication through the Site or the Services, you represent and warrant that you own or otherwise control all applicable rights to the content, materials, messages and the like that you post, upload, transmit or display; that the content, materials, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify LIVEWIRE MOBILE, INC., its partners, parents, subsidiaries, representatives, agents, employees, officers, Directors, affiliates, suppliers, business partners, distributors, and/or licensors (collectively the a??LWM Partiesa??), as applicable, for all claims resulting from content, messages, materials and the like that you supply. In addition, you acknowledge and agree that LIVEWIRE MOBILE, INC. may store and/or disclose, as applicable, any such content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of LIVEWIRE MOBILE, INC., its business partners, affiliates, licensors and/or licensees, any other LIVEWIRE MOBILE, INC. subscriber or member, or the general public.

2.2.10 Please direct any questions concerning the Services, Content or any other related issue to customer service at support@mediadrome.com.

2.3 Price and Delivery

2.3.1 Price. The price of any Content or Service will be the price specified in the applicable Service at the time of your purchase. By purchasing the right to use any Content or Service you warrant that you are the authorized purchaser and that any information you provided is accurate. LIVEWIRE MOBILE, INC. will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the right to use the Content or Service, you authorize LIVEWIRE MOBILE, INC. or its partners and affiliates to charge you for the purchase.

2.3.2 Delivery. Delivery of certain product(s) purchased pursuant to these Terms will be made directly to your internet enabled device. The details of the applicable delivery process will be provided to you at the time of purchase. For products(s) delivered to your internet enabled device, your device must be turned on; capable of receiving the Content. Content can only be delivered when the device connected to the network. Provided that the internet service provider's network will accept the product(s), delivery of the Content will occur within 48 hours of completion of the order. Typically, delivery of the Content occurs within a matter of seconds.

If the purchaser's error caused the non-delivery, payment will not be refunded.

2.3.3 LIVEWIRE MOBILE, INC. reserves its right to collect applicable taxes for certain features of the Services or for Content.

2.3.4 By using all or part of the Site and/or the Services, you consent to receiving electronic communications from LIVEWIRE MOBILE, INC. and its service providers (in the course of providing services on Livewire Mobile's behalf). These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or the Services. These electronic communications are part of your relationship with LIVEWIRE MOBILE, INC. and you receive them as part of your use of the Site and/or our services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

2.4 Restrictions

2.4.1 You may not use the Services to upload, post, transmit, display, perform or otherwise make available to other subscribers, members or third-parties any messages, content or materials that are illegal, obscene, threatening, defamatory or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; infringe intellectual property or other third-party rights; harm minors in any way; comprise or contain software viruses or other computer code designed to interfere with the functionality of any computer systems, software or hardware; interfere with or disrupt the Service or any networks or servers connected to or by the Service; constitute unsolicited bulk email, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of spam; or violate (intentionally or unintentionally) any applicable local, state, national or international law. In addition, you may not use a false email address, impersonate any person or entity (including but not limited to other subscribers, members and employees of LIVEWIRE MOBILE, INC., its affiliates or licensors), or otherwise mislead other subscribers, members or third parties as to your identity or to the origin of a message or content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.

3. Content

3.1 Upon your payment of our fees for Content, we grant you a non-exclusive, non-transferable right to use the Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

3.2 You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Content or other use restricted in this Section 3.2. You agree not to infringe the rights of the Content's copyright owners and to comply with all applicable laws in your use of the Content. Except as set forth in Section 3.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Content. You acknowledge that the Content embodies the intellectual property of a third party and is protected by law.

3.3 This license may not be assigned without the written consent of LIVEWIRE MOBILE, INC., which right may be withheld by LIVEWIRE MOBILE, INC. in its sole discretion.

3.4 The Content may contain third party Content which requires notices and/or additional terms and conditions. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.

3.5 You may not alter, merge, modify, or adapt the Content or create derivative works based upon the Content.

3.6 You may not sell, rent, lease, or sublicense the Content.

3.7 Nothing in this Agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute by any means, method or process whatsoever any of the Content licensed by this Agreement, including but not limited to, transferring or downloading any such Content to a computer hard drive, or otherwise copying the Content onto any storage medium.

3.8 Nothing in this Agreement grants you or authorizes you to grant to anyone else any right to reproduce copy or distribute or perform publicly by any means, method or process whatsoever, any sound recording embodying any of the Content licensed under this Agreement.

3.9 If you fail to comply with this Agreement, LIVEWIRE MOBILE, INC. may, in addition to its other remedies, terminate this Agreement and the license it grants you and you must destroy all copies of the Content.

3.10 The foregoing license grants you a limited license to use the Content. LIVEWIRE MOBILE, INC. and its licensors or content providers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Content and all copies thereof. All rights not specifically granted in this Agreement including Federal and International Copyrights, are reserved by LIVEWIRE MOBILE, INC. and its licensors.

3.11 WARRANTY DISCLAIMER AND LIMITED LIABILITY. THE CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS. LIVEWIRE MOBILE, INC. PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE CONTENT. LIVEWIRE MOBILE, INC. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. LIVEWIRE MOBILE, INC. DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. LIVEWIRE MOBILE, INC. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIVEWIRE MOBILE, INC., OR THE LWM PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

3.12 The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the Agreement between LIVEWIRE MOBILE, INC. and you. LIVEWIRE MOBILE, INC. would not be able to provide the Content on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability also apply to and inure to the benefit of LIVEWIRE MOBILE, INC.'s and any LWM PARTIES.

3.13 The Content may contain explicit material or other material that you may find objectionable. Parents should use appropriate parental discretion in selecting or authorizing the content made available to their children. LIVEWIRE MOBILE, INC. is not responsible to you for any content or materials constituting all or part of any Content or any other aspect of the Services that you might find objectionable. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:

http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communication_and_Information_Management/Internet_and_World_Wide_Web/Software/Blocking_and_Filtering/.

Please note that LIVEWIRE MOBILE, INC. does not endorse any of the products or services listed at such site.

3.14 All sales of Content are final. We do not accept returns of Content. Once you have purchased Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact Livewire Mobile customer service. You bear all risk of loss after purchase and for any loss of Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Content from the Service without notice.

4. Privacy

4.1 For information regarding the personally identifiable information collected in connection with the Site and the Services and how such information is used and disclosed, please refer to LIVEWIRE MOBILE, INC.'s privacy policy for this site at http://www.gbvdigital.com/privacy.

5. Liability

5.1 You agree to indemnify and hold harmless LIVEWIRE MOBILE, INC. and the LWM Parties from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Site, the Services, and the Content (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims.

5.2 UNDER NO CIRCUMSTANCES SHALL LIVEWIRE MOBILE, INC. AND/OR THE LWM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE CONTENT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LIVEWIRE MOBILE, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

5.3 LIVEWIRE MOBILE, INC.'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE.

5.4 SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

5.5 THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.

5.6 UNDER NO CIRCUMSTANCES SHALL LIVEWIRE MOBILE, INC. AND/OR THE LIVEWIRE MOBILE, INC. PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SITE, THE SERVICES AND/OR THE CONTENT.

6. Miscellaneous

6.1 Remedies. You understand and agree that any unauthorized use of the Site, the Services, the Applications or the Content would result in irreparable injury to LIVEWIRE MOBILE, INC. or the LWM Parties for which money damages would be inadequate, and in such event LIVEWIRE MOBILE, INC. its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that LIVEWIRE MOBILE, INC. or the LWM Parties may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

6.2 Promotions and Advertising. LIVEWIRE MOBILE, INC. and/or the LWM Parties may present advertisements and promotional materials on or through the Service. Your participation in any LIVEWIRE MOBILE, INC. promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither LIVEWIRE MOBILE, INC. nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

6.3 This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Boston, Massachusetts to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

6.4 This Agreement, together with any supplemental separate LIVEWIRE MOBILE, INC. license agreement, contains the complete Agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Content licensed hereunder shall be of no effect. The failure or delay of LIVEWIRE MOBILE, INC. to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

6.5 No LWM Party is authorized to make any amendment to this Agreement. This Agreement supersedes any and all prior agreements, discussions and negotiations between you and LIVEWIRE MOBILE, INC., and it sets forth the entire agreement and understandings between the parties as to the subject matter of this Agreement. Neither of the parties shall be bound by any terms, conditions, definitions, waivers, warranties or representations with respect to the subject matter of this Agreement other than as expressly provided in this Agreement or duly set forth on or subsequent to the date hereof in a writing signed by a proper and duly authorized representative of whichever of the parties is to be bound thereby.

6.6 If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

6.7 "LIVEWIRE MOBILE, INC."/a??MEDIADROMEa?? and other trademarks contained in the Content are trademarks or registered trademarks of LIVEWIRE MOBILE, INC., Inc, in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This Agreement does not authorize you to use LIVEWIRE MOBILE, INC.'s or its licensors' names or any of their respective trademarks.

6.8 If either party breaches, or threatens to breach, any of its obligations under this Agreement, the damages to the other party will be great and irreparable; therefore, either party may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without posting bond and without disentitling such party to any other relief in either law or equity.

6.9 This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. Neither party shall have the right, power, or authority at any time to act on behalf of, to impose any obligation on, or to represent or legally bind the other.

6.10 The enumeration and headings contained in this Agreement are for convenience only and are not intended to have any substantive significance interpreting this Agreement.

6.11 You agree that LIVEWIRE MOBILE, INC. may audit your use of the Content for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Content by you other than in full compliance with the terms of this Agreement, you shall reimburse LIVEWIRE MOBILE, INC. for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

6.12 Copyright Agents: LIVEWIRE MOBILE, INC. respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate or suspend access to your account, the Site or Services to users who infringe the intellectual property rights of others. If LIVEWIRE MOBILE, INC. suspends or terminates your access to the Site, Service and/or account under this paragraph, LIVEWIRE MOBILE, INC. shall have no liability or responsibility to you, and LIVEWIRE MOBILE, INC. will not refund any portion of your fees charged to date. If you believe that your work is the subject of copyright infringement and appears on our Site or Service, please provide LIVEWIRE MOBILE, INC.'s copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

identification of the URL or other specific location on the Site where the material that you claim is infringing is located

your address, telephone number, and email address

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Livewire Mobile, INC.'s agent for notice of claims of copyright infringement on this Site can be reached as follows:

Livewire Mobile, Inc.,
Attn: General Counsel,
One Monarch Drive, Suite 203
Littleton, MA 01460