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Terms of Service


(LAST UPDATED 2/11/13)

 

1. Scope and Application of the Store Terms

By accessing and purchasing items from the Livestream Store (the “Store”), the Customer (“You”) agree to be bound by the following terms and policies describing your rights and obligations.  To access and place orders with the Store, you must be an individual over the age of 18 with the capacity to enter into and be bound by a legal agreement.  You may place orders either as an individual or as a representative of a separate legal entity, provided that if you place an order on behalf of a corporation, partnership, or similar entity, you thereby represent to Livestream LLC (“Livestream”) that you are authorized by the entity to do so.

These terms and polices are a supplement to the Livestream Service Terms of Use (available at http://www.livestream.com/terms/generalterms) and to the Livestream Free Producer Terms of Use or Premium Producer Terms of use as they may apply to your existing account with Livestream.  These terms and policies govern only the function of the Store facility operated by Livestream and you must consult these other policies for information your account and activities on other Livestream websites.

Livestream reserves the right, at Livestream’s discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Livestream Store. Please check these Terms periodically for changes. Your continued use of the Livestream Store after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective thirty (30) days after they are initially posted on the Livestream Store.

The Store is made available on an “As Is” and “As Available” basis.  Livestream reserves the right to refuse service to any person or entity at any time.


2.  Limitation of Liability

 

In no event shall Livestream LLC be liable to any purchaser of items from the Store for more than the total sale price of the items purchased, exclusive of taxes.  No action in contract or tort or under any other legal theory founded on the sale of products through the Store shall result in liability to exceed the total sale amount.  Livestream will not indemnify the customer against third-party suits against the customer arising from the customer’s use of items purchased from the Livestream Store.

 

3.  DISCLAIMER  OF WARRANTIES

TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW APPLICABLE TO ANY CLAIM, LIVESTREAM DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE ITEMS SOLD THROUGH THE STORE. LIVESTREAM SPECIFICALLY DISCLAIMS, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.   ALL ITEMS ARE SOLD “AS-IS”, “WITH ALL FAULTS”, TO THE CUSTOMER.  LIVESTREAM DOES NOT ADMINISTER OR GUARANTEE MANUFACTURERS’ WARRANTIES ON ANY ITEM SOLD THROUGH THE STORE AND THE CUSTOMER MUST CONTACT THESE MANUFACTURERS WITH ALL CLAIMS UNDER ANY WARRANTY. THE CUSTOMER’S ONLY WARRANTY REDRESS, IF ANY, WILL BE FROM THE MANUFACTURER.  TO THE MAXIMUM EXTENT POSSBLE UNDER THE LAW, ALL WARRANTY CLAIMS AGAINST LIVESTREAM LLC ARE CAPPED AT THE TOTAL SALE PRICE OF THE ITEMS PURCHASED AND ALLEGED TO BE DEFECTIVE OR UNSUITABLE.

THE CUSTOMER HEREBY ACKNOWLEDGES THAT ALL CLAIMS MUST BE BROUGHT AGAINST LIVESTREAM LLC WITHIN ONE YEAR AFTER ACCRUAL.  CLAIMS NOT BROUGHT WITHIN ONE YEAR OF ACCRUAL SHALL BE TIME-BARRED BY THIS AGREEMENT BETWEEN THE PARTIES.

 

4.  Sales Tax

Livestream will collect sales taxes applicable to any order at the time of payment for that order.

 

5.  Affiliates

Livestream may from time to time offer links from within the Store to other retailers who carry products of interest to Livestream customers.  When you click through to one of these other retailers at a domain other than store.livestream.com, please review that retailer’s privacy policy and terms of use.  Livestream exercises no control over the policies of these other retailers and does not warrant the products that they sell or the accuracy of information on their websites.  All inquiries regarding transactions with a third-party retailer must be directed to that retailer alone.

 

6.  Security

Livestream is dedicated to handling transactions through the Store in a secure manner.  All sensitive parts of any Store transaction are conducted between your PC and our server over a Secure Socket Layer (SSL) connection in accordance with current industry standards.  Livestream uses Shopify as a back-end for the Store; for information about Shopify’s security practices, please see http://www.shopify.com/tour/security.  At Livestream, only those employees who need to view the details of your transaction to fulfill your order are permitted to do so.

 

Please bear in mind that no browser or other software, website, or method of transmitting information over the internet or other networks is 100% secure.  You will log in to the store using credentials consisting of a login name and password and are responsible for keeping your password secret from others.  Please contact us immediately in the event that you believe that your account has been compromised..

 

7.  Privacy

 

For detailed information about how Livestream collects and uses information about Livestream users, please see our Privacy Policy at http://www.livestream.com/terms/privacypolicy.

The Livestream Store collects your name, shipping address, billing address, telephone number, email address,  and payment information when you place a transaction.  We use this information to fulfill your order and share it only with payment processors and vendors used to bill your order and ship purchased items to you.  Livestream will not share or sell your personal information collected through the Store with other third parties for advertising or marketing purposes without your express consent.

The Livestream Store uses cookies to store information about you and your order as you navigate the site.  You may disable cookies in your browser but this will prevent you from being able to complete a transaction through our Store. The content stored in these cookies may be shared with other parties to enable us to fulfill your order.

Livestream may from time to time use analytics tools such as other cookies, JavaScript, Flash, “web beacons”, server logs, and similar techniques to track the effectiveness of the design of the Store and advertising campaigns related to the Store.  These tools will track your visit to the Store and how you interact with it on a generally anonymous basis.  Livestream does not share this collected information with other businesses except in the event that Livestream employs a third-party service to perform analytics within the Store.

Third-party advertisers may place ads on the Livestream Store site.  You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Livestream reserves the right the add or remove third-party ad networks or ad servers in its discretion and Livestream may not at all times list such updated ad network or ad server partners in this Privacy Policy.

The Livestream Store does not sell products designed for children and sells only products designed for adults to adult customers.  Internet users under 13 years of age may not access or place orders through the Livestream store.  If you are the parent or legal guardian of a child under 13 who has become a Livestream Store member, then please contact Livestream at privacy@livestream.com to have that child's account terminated and information deleted.  If you would like to purchase products for your child’s use, please do so using your own account and do not provide Livestream any information about your child.

As with our main Privacy Policy for the Livestream Service, we will notify you of material changes to this policy.

 

8.  Ordering

Livestream will only be bound by an order once payment is received by Livestream.  In credit card transactions, this may be nearly instantaneous once an order form is submitted through the store.  You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.  Livestream reserves the right to use collections agencies or other means to collect amounts owed on delinquent accounts.  Livestream in its discretion may not tender a customer’s goods to a carrier for delivery until payment is received.  Customer is responsible for all shipping charges and such charges will be added to the amount payable upon completing the order form.

 

9.  Product Listings & Revisions

Livestream strives to provide Customers with accurate information about the products sold in the store.  Nonetheless, human error and other factors prevent Livestream from being able to guarantee the accuracy of the text description, photographs, videos, or other content associated with a particular item.  Livestream reserves the right to cancel orders for items with incorrect price information on the Store site and to immediately replace the inaccurate descriptive information with an accurate description.  Additionally, as a reseller of electronic equipment, Livestream will occasionally receive from manufacturers newer revisions of certain products with added, removed, or modified features relative to an earlier configuration.  Livestream will not be held liable for incorrect posted information about a product or for shipping a newer product revision that differs in some way from the product offered for sale.  Livestream may, in its discretion, refund the amount paid for inaccurately described goods, provided that the customer returns the items to Livestream undamaged, in the original packaging, and within two (2) weeks of receiving the items included in the original order.

 

10.  Shipping

Livestream will use commercially reasonable shipping methods to transmit goods to customers.  Except where otherwise noted, such goods are shipped Free on Board (F.O.B.), meaning that title to the goods and the risk of loss thereon passes to the customer once goods are tendered to the shipper for delivery.  Livestream may in its discretion retain a purchase money security interest in the good shipped until payment is received in full, and the Customer agrees to allow Livestream to sign appropriate documents on the Customer’s behalf in order to protect this interest.

Livestream will endeavor to provide Customer with information about shipping, including providing a ship confirmation email and a carrier tracking number to the Customer once an item is delivered to the carrier.  Livestream may from time to time offer the customer the option to use certain shipping methods which the carrier guarantees will deliver items to the customer within a certain period after the items are tendered to the carrier.  For more information about these shipping methods and the terms under which they are offered, please consult the website of the designated carrier.  Livestream makes every effort to deliver goods to the carrier in a timely manner and will advise customers when possible of back order or out-of-stock situations but not will not accept responsibility for costs or damages accrued by the Customer as a result of Livestream’s failure to deliver goods to the carrier within a certain period. Where rush processing is offered, the Customer’s sole remedy in the event Livestream fails to rush process an order is the refund of the additional fee paid for rush processing.

Livestream will not be responsible, and shipping fees will not be refunded by Livestream to the customer for, any delays in delivery and consequent damages due to events outside Livestream’s control.  Such events may include but are not limited to acts of God, war, terrorism, labor strikes, natural disasters, acts by federal, state, or local governments, fire, and freight embargoes.

 

 

11. Livestream Store Return Policy

To learn about our return policy, visit http://store.livestream.com/pages/return-policy

 

Livestream Hardware


Non-Defective Livestream Hardware:

If the item is unopened and received by Livestream undamaged within ten (10) days of receiving the RMA, Livestream will provide a full refund minus shipping and handling expenses based upon the original payment method or in the form of a check that is mailed to the address we have on file. To initiate an RMA please e-mail rma@livestream.com. All returns must include an RMA number clearly printed on the outside of the packaging and are thoroughly inspected when received.

If the item has been opened but is received in new condition and you send it back within ten (10) days of receiving an RMA in the original packaging, with all the accessories, manuals, documentation, and registration that shipped with the product, Livestream will charge a 20% restocking fee and subtract all shipping and handling expense before providing a refund based upon the original payment method or in the form of a check that is mailed to the address we have on file.

Defective Livestream Hardware:

If you discover what you believe to be a product defect for the Livestream hardware within one (1) year of receiving the product, please contact Livestream at RMA@livestream.com. If your product has a defect, we will fix the defect or replace the product with a new one at no cost to you.  All returns are thoroughly inspected when received. If there is no defect or we find that the defect is due to customer abuse or negligence, we will return the product back to you and you will be responsible for all shipping charges.


Blackmagic Products and All Other Hardware


Blackmagic Products:

Unopened Blackmagic products may be returned up to ten (10) days from the date of invoice for a refund for the full amount of the purchase less a 25% restocking fee. No refunds will be given for opened Blackmagic products.

All Other Hardware:

All other manufacturer products must be handled by the manufacturer DIRECTLY. We will be happy to supply you with the manufacturer contact information if necessary.

 

12.  Governing Law; Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules and without reference to choice of law principles. Any dispute arising out of or relating to these Terms of Use or your access to or purchases from the Livestream Store will be subject to the exclusive jurisdiction of the state and federal courts located within New York County in the State of New York, and you hereby submit to the personal jurisdiction of such courts.

 

13. Disclosures

The services hereunder are offered by Livestream LLC, located at 111 8th Avenue, Suite 1509, New York, NY 10011, USA. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.