Effective as of May 1st, 2020
Please note that your use of our Services pursuant to a separate manually or digitally-executed subscription agreement. Those additional terms become part of your agreement with us, if you use our services or log into our Site.
2. Your Accounts
You are required to create an account and specify a password in order to use tour Services. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Please do not try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. If you create the account on behalf of your employer, you hereby represent and warrant that you have the requisite authority to enter any agreement with us including these Terms and to bind your employer.
We allow our customers to have multiple authorized users to have separate user accounts under one customer account to access and use our Services at the same time. If you are an authorized user of our customer, you may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. You agree to be responsible and/or liable for maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers.
You agree to notify Easy Live of any loss of your password or account identifiers and any unauthorized use of your password or account identifiers.
Without limiting anything in this Agreement, Easy Live will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 2.
4. Modifications and Termination
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.
5. Your Content
We provide a cloud based tool for you to edit and customize live audiovisual content (the "Content") and publish them to your preferred video and social networking platforms. YOU OR YOUR CUSTOMER RETAIN OWNERSHIP OF ANY RIGHTS YOU OR SUCH CUSTOMER MAY HAVE IN YOUR CONTENT. UPLOADING AND EDITING YOUR CONTENT BY USING OUR SERVICES DO NOT TRANSFER OWNERSHIP OF YOUR OR YOUR CUSTOMER’S RIGHTS.
You agree to indemnify, release, and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost or expense (the “Claims”) arising out of any Content you transmitted to and published from our Site.
If you are using Services to work on Content for multiple customers of yours, you are solely responsible for maintaining the security and segregation of such Content. We are not responsible and shall not be liable for any all Claims arising out of your mismanagement of your own customer content from using our Services.
From time to time, you may contact us by sending us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
6. Prohibited Uses
Although we do not control over your Content nor any communications between you and your authorized users whom you are under the same customer account with, we ask you not to use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). We won’t bore you with a list of things you shouldn’t do, we trust you to use your common sense when you use and access our Site. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site, and take appropriate legal actions.
7. Intellectual Property
We own all the right, interest and title in our Services.
8. Third-Party Websites
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy our Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER EASY LIVE INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EASY LIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS EASY LIVE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THE EASY LIVE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE EASY LIVE SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE EASY LIVE SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EASY LIVE SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE EASY LIVE SERVICE BY ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EASY LIVE 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 EASY LIVE SERVICE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO EASY LIVE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AND ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EASY LIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN EASY LIVE AND RECEIVED THROUGH OR ADVERTISED ON THE EASY LIVE SERVICE OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Easy Live, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
(b) your use or misuse of or access to our Services;
(c) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(d) any claim that you or your Content caused damage to a third party.
Easy Live reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Easy Live, and you agree to cooperate with Easy Live's defense of these claims.
12. Release for Disputes between Customers
Easy Live does not control the actions of its customers who use our Services. If you have a dispute with another customer of ours, to the fullest extent permitted by law, you release Easy Live (and Easy Live's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Waiver and Severability
The failure to require performance of any provision shall not affect either Easy Live's or your right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
14. Governing Law, Venue
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.