Terms and Conditions

 

1. Disclaimer of Warranties

1.1. ANY LIVEU PRODUCT AND ANY SERVICES PROVIDED HEREUNDER BY LIVEU ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND LIVEU DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LIVEU PRODUCTS, OPERATION THEREOF, THE CONTENT BROADCASTED, CONTINUATION OR SUCCESS THEREOF, THE MATERIALS CONTAINED THEREIN, THE HARDWARE OR SERVERS USED OR THE GOODS OR SERVICES OFFERED BY LIVEU, AND LIVEU EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIVEU DOES NOT WARRANT THAT THE LIVEU PRODUCTS WILL MEET THE CONTRACTOR’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT DEROGATING FROM THE ABOVE, CONTRACTOR ACKNOWLEDGES AND AGREES THAT LIVEU IS NOT RESPONSIBLE AND CANNOT CONTROL THE OPERATION OF ANY CELLULAR NETWORK(S) OR THE PASSING OF OR TRANSMISSION OF INFORMATION VIA ANY NETWORKS.


1.2. CONTRACTOR SPECIFICALLY ACKNOWLEDGES THAT LIVEU SHALL NOT BE RESPONSIBLE FOR THE ENGAGEMENT WITH OR CONDUCT OF ANY CUSTOMER (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) AND THAT THE RISK OF HARM OR DAMAGE RESULTING FROM THE FOREGOING RESTS ENTIRELY WITH CONTRACTOR. CONTRACTOR’S INTERACTION AND WITH ANY CUSTOMER AND PERFORMANCE OF ANY ASSIGNMENT IS AT CONTRACTOR’S SOLE RISK. IN THE EVENT OF ANY DISPUTE BETWEEN CONTRACTOR AND ANY CUSTOMER IN CONNECTION WITH AN ASSIGNMENT AND/OR THIS AGREEMENT, CONTRACTOR AGREES THAT LIVEU SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE. LIVEU RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

 

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIVEU BE LIABLE FOR ANY LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE LIVEU PRODUCTS OR SERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF LIVEU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIVEU’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES PAID OR PAYABLE BY CONTRACTOR UNDER THIS AGREEMENT.