The avenue

Terms and Conditions

Last updated: December 14, 2020

Please read these terms and conditions carefully before using Our Service.

I. Introduction: Your Agreement to these Terms of Service.

Welcome to "The Avenue.live", a social network, streaming platform and digital performance platform consisting of Web sites, services, software applications, and other applications and features ("Services") of Scororama, LLC, a Maryland limited liability company ("We", "Us" or "Our").

The following terms of service (the “Terms of Service” ) for the Service is a legal contract between you, an individual user of at least 13 years of age or a single entity ( “you”, "user", "User" or, collectively, “Users” ), and Us regarding your use of the Service.

By using and/or visiting the Service, The Avenue.live, you signify your agreement to (1) the Terms of Service which include (2) Our privacy notice https://www.theavenue.live/privacy_policy incorporated here by reference (the “Privacy Policy” ), and (3) Our talent agreement (the “ Talent Agreement ”) (https://www.theavenue.live/talent agreement) and (4) Our “Scout Agreement” ) ( https://www.TheAvenue.live/scout agreement)

We reserve the right at our discretion, to change, modify, add, or remove portions of the Terms of Service at any time by posting amended terms to the Terms of Service. We will attempt to notify you when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.

II. Eligibility.

The Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Service by Us. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.

III. Ownership of Materials. Limited License.

The data and materials on the Service, except the Talent Submissions (defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of Service (collectively the “Materials” are the intellectual property of Us, our licensors and our suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Us, our licensors or our suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Us or our affiliates and/or third party licensors. Except as expressly authorized by Us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Service and the Materials.

IV. Digital Millennium Copyright Act.

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA" ). We will promptly terminate without notice any User’s access to the Service if that User is determined by Us to be a repeat infringer.

If you are a copyright owner or an authorized agent thereof (the “Copyright Owner”) and believe that any content on the TheAvenue.live Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA. This notification of claimed infringement must be a written communication provided to the designated agent of Us that includes the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TheAvenue.Live to locate the material.

TheAvenue.live’s registered designated copyright agent to receive notifications of claimed infringement is: Julia Folkart, 3040 Carlee Run Court, Ellicott City, MD 21042. Please email info@TheAvenue.live.

V. Our Service License Grant.

We enable “The Avenue.live” (a) certain users referred to herein as "Talent" to distribute and display streaming live videos ( "Performances" ) and to distribute, post and display textual and photographic comments ( "Talent Comments" ) and personally identifiable information commonly known as “name and likeness” ( "Talent Name and Likeness" ) and (b) certain users referred to herein as "Viewers" to view The Avenue.live Performances and create textual and photographic comments ( "Viewer Comments" ), and to transmit voluntary remuneration ( "Tips" ) which are shared between Talent and Us. For the avoidance of doubt, Talent and Viewers do not refer to different types of users, rather, the terms refer to the activity engaged in by users. Performances, Talent Comments, Talent Names and Likeness, Viewer Comments together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on the Services by Talent and Viewers are collectively referred to as "User Submissions" .

If you sign up for user account, subject to your compliance with the terms and conditions set out in the Terms of Service, TheAvenue.live hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Service for the distributing of User Submissions.

User Submissions are streamed, stored and distributed at your own risk. Notwithstanding any obligations hereunder of Us to protect User Submissions, We cannot guarantee that there will be no unauthorized copying or distribution of User Submissions nor will We be liable for any copying or usage of the User Submissions not authorized by Us.

VI. Talent and Viewer Content License Grant. Representations and Warranties.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (A) you are the creator and owner of and/or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Us and all Users to use your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Us, the Terms of Service and the Talent Agreement; (B) your User Submissions do not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patient, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; (3) contain any viruses, adware, spyware, worms, or other malicious code. You warrant and represent that your User Submission does not require a license by Broadcast Music, Inc., The American Society of Composers, Authors and Publishers or SESAC, Inc. (the “PROS”). We do not pay royalties associated with the public performances of musical compositions licensed by the Pros.

You retain all of your ownership rights in your User Submissions. However, you hereby, through, distributing or disseminating User Submissions through the Services, grant to Us and Our successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels, in order to publish or promote such User Submissions in connection with services offered or to be offered by Us. Such license will apply to any form, media, or technology now known or hereafter developed. The foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Submissions in proximity with or in connection with any third party content.

We may rely on advertisers to help fund the Service. You agree that We may display advertisements and promotions of all kinds in and with the Service. You understand that We may have agreements with Web sites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by Us related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Service.

We will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting The Avenue.live Service.

By distributing or disseminating User Submissions through the Service, you hereby grant to each user of the Service that is authorized to access your User Submissions a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Submissions.

VII. Your Use of User Submissions on through the TheAvenue.live Services.

You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Submissions or other content. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with the User Submissions. YOU AGREE TO WAIVE AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THEAVENUE.LIVE WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD US, OUR OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER SUBMISSIONS AND YOUR USE OF THE SERVICE.

User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Service. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Service or otherwise as prohibited under the Terms of Service. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Service.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of the Services or the User Submissions therein.

VIII. "Tips."

The Service provides Viewers the opportunity to voluntarily compensate Talent by contributing “Tips.” Viewers pay “tips” through an independent third party merchant processor (“Processor”). After deducting its processing fees, Processor remits directly to Talent the share of “Tips” specified in the Talent Agreement. The remaining shares of “Tips” is remitted to Us by Processor.

IX. Contests.

The Service provides Talent the opportunity to participate in contests exhibiting their special skills. Viewers may participate by contributing “Tips” for their favorite contestant. We will publish the rules of particular contests on our Website, including the manner in which "Tips" will be apportioned.

X. Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO:

Use the Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Service as such services are offered by Us.

You may not:

Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials.

Post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content.

Assume a misleading or false identity in connection with your User Submissions.

Post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.

Post, upload, or distribute any programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.

Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity.

Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Use of the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.

Defame, harass, abuse, threaten or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.

Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Submissions.

Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service of any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Intentionally interfere with or damage operation of the Service or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Relay email from a third party’s mail servers without the permission of that third party.

Use any robot, spider, scraper, or other automated means to access the Service for any purpose or bypass any measures Service may use to prevent or restrict access to the Service.

Manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Service; or interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Services.

Use the Service for any material which is obscene, offensive, pornographic, hateful or inflammatory, or is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality.

Use the Service for trolling or bullying people, or for any material that is intended to harass, harm, hurt, scare, distress, embarrass of upset people.

Use the Service for any material that, in the sole Judgment of The Avenue.live, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose The Avenue.live to any harm or liability of any kind.

XI. Account.

When you use the Service to upload and/or download content or any products, services, or information from Us or participate in a Contest, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Us on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Us. You may be liable for the losses incurred by Us or others due to any unauthorized use of your Service account.

XII. Third-Party Sites, Products and Services, Links.

The Service may include links or references to other Web sites or services to Users, including Third Party Merchant Processor ( "Third Party Sites" ). We do not have operational control of any such Third Party Sites. We do not endorse the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.

XIII. Termination: Terms of Service Violations.

You agree that We, in our sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Us or your use of the Service and remove and discard all or any part of your account, user profile, and any User Submissions, at any time. We may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service, or any account you may have or portion thereof may be effected without prior notice, and you agree that We will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.

Your only remedy with respect to any dissatisfaction with the Service, any term of the Terms of Service, any policy or practice of Us in operating the Service, or any content or information transmitted through the Service, is to terminate the Terms of Service and your account. You may terminate the Terms of Service at any time by discontinuing use of any and all parts of the Service.

XIV. Indemnification.

You agree to indemnity, save and hold Us, our affiliate companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

XV. Disclaimers. No Warranties.

No warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION XIV, THE TERM THEAVENUE.LIVE INCLUDES OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MEMBERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

“As is” and “As available” and “With All Faults”.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING USER SUBMISSIONS), THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

Service Operation and User Submissions.

WE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Accuracy.

WE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Uploaded Content.

THE SECURITY MEASURES TO PROTECT USER SUBMISSIONS USED BY US HEREIN ARE WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Internet Interruption and Web Site Contamination.

WE ARE NOT RESPONSIBLE TO USER FOR ANY INTERRUPTION OF ACCESS TO OUR WEB SITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS, OR INFECTION THAT CAUSES DAMAGES TO USER’S CONTENT UPLOADED ONTO THE AVENUE.LIVE WEB SITE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR REVENUE OR GOODWILL TO USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR DUE TO ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO USER’S REPUTATION THAT MAY RESULT.

XVI. Limitation of Liability and Damages.

Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL US OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER SUBMISSIONS) ON THE SERVICES OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH US EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Damages.

IN NO EVENT WILL WE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Third Party Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON THE THEAVENUE.LIVE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT THEAVENUE.LIVE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

XVII. United States Export Controls.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms of Service are contingent on your compliance with this provision.

XVIII. Miscellaneous.

Notice.

We may provide you with notices by email, regular mail or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless WE are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given 24 hours following the initial posting. Notwithstanding the foregoing, your continued use of the Service after the posting of any changes to the Terms of Service constitutes your binding acceptance of such changes.

Prevention of Unauthorized Use.

We reserve the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Waiver.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us.

Governing Law.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law.

Jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms of Service or Us will be filed only in the state or federal courts in and for the State or Federal District of Maryland, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Severability.

If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment.

The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TheAvenue.Live without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

Survival.

Upon termination of the Terms of Service, any provisions, which, by its nature or express terms should survive, will survive such termination or expiration.

Headings.

The heading references herein are for convenience purposes only, do not constitute a part of the Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.

Claims.

YOU AND THEAVENUE.LIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclosures.

The services are offered by Scororama, LLC, 3040 Carlee Run Court, Ellicott City, MD 21042. Please email info@theavenue.live

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: