Effective Date: February 2023
Welcome to the services of The Liberty Signal. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation any Additional Terms (as defined below) (collectively, these “Terms of Use” or “Terms”), govern your access to and use of thelibertysignal.com, DailyWire+, and any related The Liberty Signal, LLC (“TLS” or “The Liberty Signal” or “we”, or “us,” or “our”) websites and mobile applications, including without limitation any content, functionality, services, and subscriptions offered therein (collectively, the “Service”).
Please read the Terms of Use carefully before you start to use the Service. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS.
By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms, to be bound by them, and that you have read and understood them.
You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.
You agree that the Terms of Use, combined with your act of using the Service, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.
1. Additional Terms
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
2. Eligibility Requirements
You must be 18 years of age or older to purchase any content, product, or service offered by us through the Service. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf.
We do not otherwise knowingly collect Personal Information from anyone under the age of 18 without permission. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see our Privacy Policy for more information.
By using this Service, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Service.
3. Ownership and your Rights to use the Service and Content
a. Ownership. The Service and all of its content, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Services (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by The Liberty Signal, our licensors, and certain other third parties.
All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of The Liberty Signal, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible.
The Liberty Signal owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
b. Your Rights to Use the Service and Content. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “TLS Licensed Elements”):
i. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
ii. Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
iii. Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
iv. If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
v. Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (A) by allowing you to download the Software, TLS does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be TLS and/or its third-party Software licensor) will retain full and complete title to such Software); (B) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of TLS; (C) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (D) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
vi. Obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
vii. Link to the Service from a website or other online service, so long as: (A) the links only incorporate text, and do not use any TLS names, logos, or images, (B) the links and the content on your website do not suggest any affiliation with TLS or cause any other confusion, and (C) the links and the content on your website do not portray TLS or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to TLS. TLS reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
viii. Use any other functionality expressly provided by TLS on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User Content (as defined below)) and any applicable Additional Terms.
c. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY The Liberty Signal AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.
d. Third-Party Services. The Services may contain links to third-party websites, services, content, apps, and advertisements for third parties (“Third-Party Services”). We are not responsible for third parties or their Third-Party Services. For instance, portions of the Service may be integrated into or linked to third-party sites, platforms, and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.
4. Service and Content Use Restrictions.
a. Service Use Restrictions. You agree that you will not: (i) use the Service for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to TLS; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (iv) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, TLS, or other users of the Service; (v) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Generated Content ; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); or (viii) otherwise violate these Terms or any applicable Additional Terms.
b. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the TLS Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of TLS or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
c. Availability of Service and Content. TLS, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in TLS’s sole discretion, and without advance notice or liability.
5. User Generated Content
a. User Generated Content. TLS may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding TLS Licensed Elements included therein, “User Generated Content” or “UGC”). You may submit User Content through your profile, forums, blogs, message boards/comment sections, social networking environments, content creation and posting tools, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content. By submitting any User Content, you grant TLS and its affiliated companies and licensees, and each of their officers, employees, agents, representatives and assigns, the irrevocable and unrestricted right, permission and license to (i) use, re-use, publish, republish, reproduce, edit, store, distribute, display, transmit, sell, resell, license, sublicense, and create derivative works based upon the User Content, and (ii) use, re-use, publish, republish, reproduce, edit, store, distribute, display, transmit, sell, resell, license and sublicense your name, voice, image and/or likeness contained in the User Content, the User Content, any text material in connection therewith, and any derivative works based on the User Content, for any purpose, including without limitation production, advertising, and publicity, which may be exploited in any and all media now or hereafter devised, to be determined at TLS’s discretion, throughout the world, in perpetuity.
b. Non-Confidentiality of Your User Content. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (i) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (ii) to the maximum extent not prohibited by applicable law, TLS does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.
c. Unsolicited Ideas and Materials. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, TLS retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. TLS’s receipt of your Unsolicited Ideas and Materials is not an admission by TLS of their novelty, priority, or originality, and it does not impair TLS’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.
d. License to The Liberty Signal of Your User Content. Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your User Content, or in our Privacy Policy, you hereby grant TLS, the non-exclusive, unrestricted, unconditional, unlimited, worlTLSide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services.
You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to TLS to your UGC, you also, as permitted by applicable law, hereby grant to TLS, and agree to grant to TLS, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.
Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
e. The Liberty Signal’s Exclusive Right to Manage Our Service. TLS may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC, or for other reasons in our discretion.
Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.
Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Policy.
f. Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (i) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant TLS the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any TLS obligation to obtain consent of any third-party and without creating any obligation or liability of TLS; (ii) the UGC is accurate; (iii) the UGC does not and, as to TLS’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (iv) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
g. Enforcement. TLS has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at TLS’s cost and expense, to which you hereby consent and irrevocably appoint TLS as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
h. Community Guidelines. We may from time-to-time issue Community Guidelines (“Rules”) to govern the use of the Service’s online communities (“Communities”). At minimum, your participation in the Communities is subject to all of these Terms, including any applicable Rules. If you submit UGC that we reasonably believe violates these Terms of the Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
6. Digital Millennium Copyright Act
a. General. In the event that a third party provides TLS with a notification of any alleged intellectual property infringement, TLS may, in TLS’s sole and absolute discretion, immediately remove such content, ban users from publishing on the site and cancel the user’s registration, the only liability for any of which will be TLS’s refund of any remaining, pro-rated balance of any subscription fee paid by a banned user. In addition, in the event of an alleged copyright infringement, TLS shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.
b. Procedure for Submitting Notification of Alleged Copyright Infringement. It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires TLS to have a designated agent to receive notices of alleged copyright infringement. For any content that you believe infringes your copyright, please send a written notice of alleged copyright infringement to TLS’s designated agent at the following email address: DMCA@thelibertysignal.com. Your written notification of alleged copyright infringement should include all of the following information:
i. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works and accompanying URL(s) where such work can be found on the Service;
ii. 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 TLS to locate the material on its server;
iii. Information reasonably sufficient to permit TLS to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
iv. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;
v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
vi. Your physical or electronic signature.
c. Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement). If you believe that any content posted using this Service infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification here. Include in the communication the following information:
i. Identification of the allegedly infringing material with particularity to permit TLS to locate the material on TLS’s server;
ii. Information reasonably sufficient to permit TLS to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
iii. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law; and
iv. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Service Features
a. Accounts. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us using the request form at support.thelibertysignal.com of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter.
You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service.
For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
b. Wireless Features. The Service may offer certain features and services via your wireless Device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered.
Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify TLS of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device.
These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or App settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
c. Availability of Products and Services; International Issues. TLS controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
d. Text Messaging. If you provide your mobile phone number to us, we may ask for your consent to receive text message alerts from us containing product, event, or promotional information in a text or SMS message (“Text Messages”). Your consent to receive Text Messages is not required to purchase goods or services from us. The Text Message program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the program, such as through online enrollment forms or by texting a keyword to 83400 or any successor short code to opt into the program. Regardless of the opt-in method you utilized to join the program, you agree that these Terms apply to your participation in the program. By opting-in, you consent to receiving recurring mobile messages from multiple long codes or any successor short code used by The Liberty Signal. By participating in the program, you agree to receive autodialed marketing mobile messages. Without limiting the scope of the Text Messages program, users that opt into the program can expect to receive messages concerning The Liberty Signal and our goods and services.
Cost and Frequency: Message and data rates may apply. The Program involves mobile messages, and additional mobile messages may be sent based on your interaction with The Liberty Signal. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Additional terms regarding Text Messages will apply—please review the applicable terms carefully when you provide your mobile phone number. If you consented to receiving promotions or advertising via Text Message, you can unsubscribe from receiving Text Messages at any time by replying “STOP” to one of our Text Messages or to 83400. For help, text HELP to 83400 or email contact us, using the request form at support.thelibertysignal.com.
8. Subscriptions
a. General Information. Many features of The Liberty Signal are available without a paid subscription; however, some features and content require the purchase of a paid subscription to the Service (“Subscriptions”). Subscriptions are billed either monthly or annually depending on the level or type of Subscription. More Additional Terms regarding the various levels or types of Subscriptions we offer and the applicable terms of each level is available on our Subscription Levels page. We may change the Subscription levels terms from time to time, and your continued use of the Service, including without limitation renewal or auto-renewal of your subscription, constitutes consent to those changes. Any violation of these Terms or the Subscription Terms may result in cancellation of your Subscription. You must be 18 years of age or older to purchase a Subscription. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. Only one individual may access a Service at the same time using the same username or password unless we agree otherwise in writing.
b. Payments. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Subscription fees will be billed at the beginning of your subscription and any renewal. As part of registering or submitting information to purchase a Subscription Paid Services, you authorize TLS (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries TLS or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.
c. Price Increases. The Liberty Signal may increase the price of Subscriptions at any time; however, we will give you at least thirty (30) days advance notice of any price increase. This advance notice will give you an opportunity to cancel your Subscription before the price increase goes into effect in the following billing cycle. If you do not cancel your Subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.
d. Free Trial Period. Your Subscription may begin with a free trial. If this is the case, we will begin charging you for your Subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of calculating any renewals of your Subscription. To avoid being charged, you must cancel your Subscription before the end of the free trial period.
e. Promotional Codes. If you use a promotional code to obtain a Subscription, such code only applies to the period identified in the Additional Terms provided with the promotional code. Promotional codes may not be applied to renewal periods of existing Subscriptions. Please carefully review the Additional Terms provided with the promotional code before use. Promotional codes do not apply to gift membership purchases or membership upgrades, unless otherwise provided.
f. Renewal Terms. YOUR SUBSCRIPTION WILL BE RENEWED AUTOMATICALLY, AND YOU WILL BE CHARGED IN ADVANCE OF EACH BILLING CYCLE UNLESS YOU CANCEL. TLS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, NOT TO RENEW YOUR SUBSCRIPTION. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
g. Cancellation Process. You may cancel your Subscription by either: (i) accessing your account online at www.thelibertysignal.com and navigating to “Account”, or (ii) by contacting us using the request form at https://support.thelibertysignal.com/hc/requests/new specifying the email address used for the account and clearly indicating that you want to cancel your Subscription.
h. Refund Policy. We reserve the right to issue or not issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
i. Text Promotions and Discounts. Send JOIN to 83400 to receive promotional and discount text messages from The Liberty Signal. Please see the “Text Messaging” section above for additional information.
9. Indemnification
As permitted by applicable law, you agree to, and you hereby, defend (if requested by TLS), indemnify, and hold the TLS Parties (as defined below) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any TLS Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your UGC; (b) your use of the Service and your activities in connection with the Service; (c) your breach or alleged breach of these Terms or any applicable Additional Terms; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (e) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; and (g) TLS Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by TLS Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, TLS Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. TLS Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a TLS Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
10. Disclaimer and Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, TLS and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “TLS Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, TLS Licensed Elements, UGC or other TLS products or services
THE TLS PARTIES FURTHER HEREBY FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. TLS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TLS DOES NOT WARRANT THAT ANY PART OF THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SERVICE AND ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TLS OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF TLS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, CONTENT, TLS LICENSED ELEMENTS, USER CONTENT, OR OUR OTHER PRODUCTS AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.
12. Dispute Resolution
Any controversy, claim, or dispute arising out of or related to these Terms, the Service, the Content, your UGC, any applicable Additional Terms, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Nashville, Tennessee before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special, or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. This Section 12 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and TLS agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
13. General Provisions
a. Governing Law. The Terms and any applicable Additional Terms, Disputes, and any other claim brought by you against TLS or by TLS against you pursuant to Section 12, or otherwise related to the Service, Content, TLS Licensed Elements, UGC or other TLS products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Tennessee, without regard to conflicts of laws principles.
b. No Waiver. TLS’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of TLS’s right to subsequently enforce such a provision or any other provision of these Terms, nor will any delay or omission on the part of TLS to exercise or take advantage of any right or remedy that TLS has or may have hereunder, operate as a waiver of any right or remedy.
c. Severability. In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
d. Modification. TLS, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Service from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions will be effective immediately upon posting. You agree to review the Terms upon each visit to the Service. If, in our opinion, a change is material, we will also provide you with notice at least thirty (30) days in advance of the material change. Such notice may include posting a notice on the Service or sending notification to the email address connected with your account. Your continued use of the Service following such notice will be deemed to conclusively indicate your acceptance of the revised Terms.
e. Privacy Policy. All information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
f. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, we reserve the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by TLS in accordance with our Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by us to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to TLS under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from TLS, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to TLS in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
14. Customer Support and Contact Information
Should you have any questions about these Terms of Use, please contact us at our online form. For support information please visit our Help Center at support.thelibertysignal.com or call (818) 699-9948.