Terms and Conditions

Legal Information and Terms of Use

LiveSource by Blume Global provides access to its Websites to the public and members subject to the following terms of use. By accessing, viewing, posting, using or downloading materials from these Websites, you agree to be bound by these terms of use and conditions. If you do not agree with these terms of use do not use these Websites.

Where LiveSource has provided you with a translation of the English language version of the Legal Information and Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Legal Information and Terms of Use will govern your relationship with LiveSource. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Use of Materials on LiveSource Websites

Unless otherwise specified, you may view and download the materials on these Websites for your personal, informational, commercial and non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on these Websites in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose. LiveSource reserves all rights to its copyrights, trademarks and other intellectual property. LiveSource will not use any of your data that you provide on any Website. Any content that you provide on a Website belongs to you. Any data that you share is subject to the Non-Disclosure Agreement between you and the LiveSource customer. LiveSource is not a party to any data sharing between you and the LiveSource customer.

Links to Other Websites

LiveSource provides certain links to other websites as a convenience to you. LiveSource does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. LiveSource is not responsible for the content of any site that may be linked to from LiveSource Websites.

Disclaimer of Warranty

Information on these Websites may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. LiveSource may make changes and/or improvements in the products and/or programs described on its Websites at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND LIVESOURCE, ALL MATERIALS PROVIDED ON ITS WEBSITES ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

Limitation of Liability

IN NO EVENT SHALL LIVESOURCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA LOSS OR DATA USAGE INCLUDING PERSONAL INJURY OR DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, ITS WEBSITES OR ANY OTHER HYPERLINKED WEBSITES, EVEN IF LIVESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify us from and against any and all claims and damages of any kind (including attorneys’ fees) resulting from your use of the LiveSource Websites, from your breach of any provision of the Terms of Use, Security Policy or Privacy Policy or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.

How LiveSource is administered.

1). Administrators. Through LiveSource, you may be able to specify certain End Users as Administrators, who will have important rights and controls over your use of LiveSource and End User Accounts. This may include creating, de-provisioning, monitoring or modifying End User Accounts, and setting End User usage permissions; and managing access to Your Data by End Users or others. Administrators may also take over management of accounts previously registered using an email address belonging to your domain (which become “managed accounts”, as described in our Documentation). Without limiting the Responsibility for End Users, which fully applies to Administrators, you are responsible for whom you allow to become Administrators and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of the LiveSource for you.

2). End User Consent. You will provide all required disclosures to and will obtain and maintain all required consents from End Users to allow: (i) Administrators to have the access described in these Terms and the Privacy Policy; and (ii) LiveSource’s provision of the product to Administrators and End Users. You will provide evidence of such consents upon our reasonable request.

3). Responsibility for End Users. LiveSource has various user onboarding flows. Some require users to be designated by Administrators; some allow users to sign up for individual accounts which can become associated with teams or organizations at a later time; and some may allow users to invite other users. You are responsible for understanding the settings and controls for each product you use and for controlling whom you allow to become an End User. You are responsible for compliance with these Terms by all End Users. Please note that you are responsible for the activities of all your End Users and how End Users use Your Data, even if those End Users are not from your organization or domain. We may display our User Notice to End Users at sign up, account creation, registration, or in-product. If you use single sign-on (SSO) for identity management of LiveSource such that End Users will bypass these screens and our User Notice, you are responsible for displaying our User Notice to End Users and for any damages resulting from your failure to do so.

4). Credentials. You must require that all End Users keep their user IDs and passwords for the Cloud Products strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.

5). Age Requirement for End Users. LiveSource is not intended for, and should not be used by, anyone under the age of 16. You are responsible for ensuring that all End Users are at least 16 years old.

User Submissions/ Messaging

You are prohibited from posting or transmitting to or from these Websites any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. LiveSource may, but is not obligated to, monitor or review any areas on this Website where users transmit or post communications. LiveSource will have no liability for the content of any communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise. LiveSource and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. LiveSource and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of LiveSource or its Websites who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of LiveSource administrators and moderators. LiveSource may also prohibit users or members from utilizing these Websites if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.

Export restrictions

LiveSource is subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to, use or access the product and data. You are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws of the land where you reside, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to any embargoed or terrorist-supporting country (or to a national or resident of); (ii) to anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list (collectively, “Prohibited Persons”); or (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You are also agreeing not to download, transfer, export or re-export LiveSource products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government. In addition, you are also agreeing that you will not export any Confidential Information from the United States except in full compliance with all requirements of the International Traffic in Arms Regulations (ITAR), the Export Administration Act and all other applicable laws and regulations. In addition, you will avail yourself of the Government policies and Arms Control laws and regulations of the land where you reside and access these websites.

Applicable Laws

These Websites are controlled by LiveSource. from its offices in Atlanta, Georgia, USA and Geneva, Switzerland. LiveSource makes no representation that materials at its Websites are appropriate or available for use outside of its locations in the United States and Switzerland, and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the government of the United States or Switzerland, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods, depending on the jurisdiction in which the LiveSource customer executed its agreement with LiveSource. Any dispute arising out of or in connection with the use or access or otherwise related to its websites shall be finally settled by a competent court in the canton of Geneva, Switzerland or in Atlanta, GA, depending on the jurisdiction in which the LiveSource customer executed its agreement with LiveSource.

In addition, your use of the LiveSource websites represents your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Websites, and that your quoting and purchasing of products and services and your posting and retrieval of information (including without limitation those governing, unfair competition, antitrust, and false advertising). You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to antitrust laws, and that the operation of the Website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Website in violation of any antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities. You are also responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via the Websites.

Service Warranty

The use of the LiveSource Websites may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that LiveSource is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore LiveSource reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.

Notices

You shall provide any required notice to us by email to support@livesource.com. We may provide notice to you through your Notification Email Address, your account or in-product notifications. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).

Security and data privacy policies.

Security. We implement security procedures designed to help protect Your Data from security attacks.

Privacy. We collect certain data and information about you and your End Users in connection with you and your End Users’ use of LiveSource and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy, which you acknowledge.

Improving the products. We are always striving to improve LiveSource. In order to do so, we use analytics techniques to better understand how our products are being used. For more information on these techniques and the type of data collected, please read our Privacy Policy.

Subpoenas. Nothing in these Terms prevents us from disclosing Your Data to the extent required by law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you where we are permitted to do so. LiveSource strives to balance your privacy rights with other legal requirements; to get more information about our policies and guidelines for law enforcement officials requesting access to customer data, please email to support@livesource.com.

GDPR Data Processing Addendum. If you are in the EEAU, Switzerland, or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or any successor legislation, you can request and complete the Data Processing Addendum here (<>)

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Changes to these Terms of Use

LiveSource may at any time revise these Terms of Use with notice to you in accordance with the section Notices or by posting the modified Terms on our website. You are bound by any such revisions. LiveSource reserves all rights pertaining to its Websites. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the LiveSource websites. Together with notice, we will specify the effective date of the modifications.

This Legal Information and Terms of Use was last updated on April 1, 2019. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on the Privacy and Security pages of the LiveSource Websites.

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