terms of use

Last updated January 26, 2008

These Terms of Use (the "Agreement") describe the terms and conditions that apply to your use of livehigh.com and the services, content and materials offered thereon (collectively the "Site" or "Service") by livehigh.com Inc. ("livehigh", "we", "our" or "us"). Please read this Agreement carefully before using livehigh.com. By using the Site, you agree to comply with all of the terms and conditions set out below. If you do not agree to be bound by this Agreement, please do not use the Service.

Ownership

livehigh.com is owned and operated by livehigh.com Inc. We may, in our sole discretion, discontinue or alter any aspect of the Service at any time without notice.

mylivehigh, livehigh.com and the livehigh logo are trademarks of livehigh. All other trademarks, service marks and trade names used on the Service are the property of their respective owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of livehigh or the respective owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement. All data, graphics, photographs, images, audio, video, software, the mylivehigh, livehigh.com and livehigh logo and trademarks, and other information (collectively the "Content") contained in the Site are proprietary to livehigh, livehigh affiliates and/or third-party licensors.

All Content is protected by international copyright and trademark laws.

Restrictions

You agree not to use the Service to (a) interfere with or otherwise disrupt the Site, servers, or networks connected to it, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, (b) intentionally or unintentionally violate any applicable municipal, provincial, federal or international law, (c) harass or abuse another individual in any way, or (d) collect or store personal data about other users or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

Without express written consent from livehigh, you may not use any automated means to access livehigh.com or collect any information or content from the Site. You agree not to engage in the practices of "web scraping", "screen scraping", "database scraping" or any other activity with the purpose of collecting Site content without our express written consent.

Except as expressly set out in this Agreement, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, sell or otherwise transfer any content without the express prior written consent of livehigh. You may print and download portions of the Content for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices contained in such Content. You hereby agree that you will not use this Site for any purpose that is unlawful, immoral or prohibited by this Agreement.

If you choose to link your website to this Site, the website from which you link must not (a) imply, either directly or indirectly, that livehigh is endorsing the Content (as defined above) of such website, (b) use any Content of the Site without explicit consent from livehigh, (c) contain content or material that could be construed as offensive, controversial, or distasteful and should only contain content that is appropriate for all age groups; (d) disparage livehigh or its Services in any way or otherwise negatively affect or harm the reputation and/or goodwill of livehigh, (e) present false or misleading information about livehigh, or the goods or services of livehigh, (f) represent, either directly or indirectly, that the owner and/or operator of such website has any relationship with livehigh, or (g) create a browser or border environment around your website material.

Membership

This section outlines rules and guidelines of member-based services offered through the Site.

Registration and Security

In order to use or access some of the Services, you may be required to register with livehigh.com. If you register, you agree to provide livehigh with complete, accurate and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (a) enter, select or use a false name or an e-mail address owned or controlled by another person with the intent to impersonate that person, or (b) register with a username subject to any rights of a person other than yourself without appropriate authorization. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account, and as such, you agree to notify livehigh about any unauthorized use of your username or password immediately upon suspicion or discovery.

livehigh reserves, in its sole discretion, the right to refuse registration of any user account.

User Content

livehigh.com allows you to upload photos and information for the purpose of rental listings, and to provide personal comments, opinions and other communications about some of the Content on the Site (collectively "User Content").

Before posting User Content, must have all the rights, licenses, permissions and consents necessary to submit such User Content and to grant all of the rights that you have granted livehigh under this Agreement. Any User Content that you post or upload on the Site must not infringe or violate any rights of any third party or entity, including without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriating, intentional or negligent infliction of emotional distress, or any contractual right.

You retain all rights of ownership to your User Content. By submitting any User Content to the Site, you agree to and hereby grant, and you represent and warrant that you have the right to grant to livehigh, its licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, license, distribute and reproduce your User Content online and offline.

User Forums and other User-Supplied Material

Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, messages or other material to us, the Site or others ("Post" or "Posting"). Postings do not reflect the views of livehigh, and livehigh does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. We do not support or endorse any Post in any way. Under no circumstance shall livehigh, its officers, directors, employees, subsidiaries and/or affiliates be liable or responsible for any Posting that is in violation of this Agreement.

You acknowledge that user forums on the Site, including but not limited to Comments and Rental Listings, and any Post you submit to the Site, is intended for public and not private communication, and that you therefore have no expectation of privacy with regard to any such submission. Please bear in mind that personal information you provide online can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online, and you make such disclosures at your own risk.

You hereby agree not to post any content that (a) interfere anyone else's use of the site, (b) interfere with the privacy of another user, (c) violate anyone's copyright, trademark or other property right, or that you otherwise do not have a right to transmit under any law or contractual or fiduciary duty, (d) are abusive, illegal, defamatory, libelous, indecent, obscene, pornographic, offensive or threatening in any way, or otherwise objectionable, (e) contain false or misleading statements of fact, (f) constitutes or encourages conduct that would be considered a criminal offence or otherwise violate any law, (g) contain viruses, computer code, files, programs or any other harmful component, (h) includes scrolling (repeatedly posting the same message), or (i) unsolicited or unauthorized advertising or promotional materials, "junk mail" or "spam", or any other form of solicitation. As outlined in our Privacy Policy, we will cooperate with any law enforcement authority or court order requesting or directing livehigh to disclose the identity of anyone who posts such materials. Privacy Policy

The user forums provided on the Site are for the purpose of exchanging views and information about condominiums, neighbourhoods, amenities, rental listings, and other related items provided on the Site. We reserve the right to terminate the account or suspend the account privileges of anyone who does not adhere to these terms, or otherwise violates this Agreement. We may also change, edit or remove any User Content from any forum at any time and for any reason, although we have no duty to do so.

If you believe that any content on the Site violates any of the terms of this Agreement, please click on any of the "report abuse" links located throughout the Site to send us a message, or e-mail us at privacy@livehigh.com with details of such violation. livehigh takes all such matters very seriously; however we may not respond to your message and we reserve the right to take, or refrain from taking, any or all steps to us once we receive any such message.

Disclaimers

livehigh.com is provided "as-is", and its content and Service are provided for informational purposes only. By accessing and using this website you acknowledge and agree that use of the Service is entirely at your own risk. livehigh makes no representations or warranties regarding livehigh.com, including without limitation, no representation or warranty that the Site is accurate, complete, reliable, suitable or timely; that any content or material contained in or made available through the Site will be of merchantable quality or fit for a particular purpose; that the operation of the Site will be uninterrupted or error free; that defects or errors in the Site will be corrected; that the Site will be free from viruses or harmful components; and that communications to or from the Site will be secure or not intercepted.

This Service may contain links to other websites. livehigh is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by livehigh. When you access third-party sites, you do so at your own risk. We take no responsibility for third-party advertisements which may be posted on livehigh.com or through its Service, nor do we take any responsibility for the goods and/or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Service.

Inclusion of any linked website, third-party advertisement or content posted by users of the Service, on livehigh.com or its Services, does not imply approval or endorsement of such by livehigh. Under no circumstances shall livehigh be responsible for any loss or damage, including personal injury or death, resulting from use of its Services, content posted on or through the Site, or from the conduct of any users of the Service, whether online or offline.

Limitation of liability

In no event shall livehigh be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Service under this Agreement, whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if livehigh has been advised or ought to have known of the possibility of such damages. Notwithstanding anything to the contrary contained herein, livehigh's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to livehigh for the Service during the term of Service. In no event shall livehigh be liable for any loss or damage arising from your failure or failure of livehigh.com to protect your password or account information. livehigh expressly disclaims any and all liability for the acts, omissions or conduct of any user of the Service, third-party advertiser or sponsor.

You hereby release livehigh and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through this Service or by third parties through the Service.

Indemnification

You agree to indemnify, defend and hold harmless livehigh, its affiliates and suppliers and their respective directors, officers, employees and agents from and against any claim, action, suit or proceeding, as well as any loss, liability, damage, cost and expense (including attorneys' fees) related to (a) your violation of this agreement; (b) submission of material to this site; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service.

Recourse

If you are dissatisfied with livehigh.com or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Service. In such an event, you agree to destroy all materials obtained by you on livehigh.com or through its Services, and all copies thereof. This Agreement shall survive any such termination.

Modifications

We reserve the right, at our sole discretion, to modify this Agreement at any time. Such modifications shall be effective immediately upon posting of the modified Agreement. You can determine when the Agreement was last modified by referring to the 'last updated' legend at the top of this page. Your continued use of the Service following such modifications shall be deemed your acceptance of the modified Agreement.

Termination

livehigh may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason. This includes, but is not limited to, (a) concurrent access of the Service with identical user identification data, (b) permitting another person or entity to use your user identification number to access the Service, (c) any other access or use of the Service except as expressly provided in this Agreement, (d) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (e) failure to use the Service or portion thereof on a regular basis.