Terms Of Sale
Last modified on April Â 25, 2011
Certain products and services may from time to time be made available to you ("you" or "User") by LiveVDO.tv or its corporate affiliates (collectively, "us", "we" or "the Company") through the LiveVDO.tv web site (the "Site") and service ("LiveVDO.tv" or the "Service"). By purchasing any products or services through LiveVDO.tv, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of LiveVDO.tv are also governed by the LiveVDO.tv Terms of Service ("Terms of Service"), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on LiveVDO.tv.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Subscription Service Terms
LiveVDO.tv may offer certain services on the site on a subscription basis with recurring payments (?Subscription Services?). You agree to pay your subscription fee in advance of receiving any such Subscription Service. LiveVDO.tv reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply.
If you choose a Subscription Service (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that LiveVDO.tv may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the LiveVDO.tv Subscription Service will not be established until LiveVDO.tv has verified that the credit card or other payment information you provide LiveVDO.tv for payment is accurate and that your credit card account or other payment method account is in good standing. You further agree that LiveVDO.tv may charge any other applicable fees for the LiveVDO.tv Service, including any early termination fee, to your credit card. LiveVDO.tv reserves the right to suspend or terminate your access to the LiveVDO.tv Service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to LiveVDO.tv when LiveVDO.tv believes you are liable for the charges.
You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify LiveVDO.tv if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account. You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the LiveVDO.tv Service. All fees not paid to LiveVDO.tv by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by LiveVDO.tv in connection with LiveVDO.tv?s collection of such fees. Additionally, LiveVDO.tv reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at [feedback@LiveVDO.tv].
LiveVDO.tv may impose an additional transaction fee based on transactions associated
with LiveVDO.tv, including a transaction fee applied to purchases from third parties.
Such transaction fee will be disclosed to you prior to your agreement to the relevant
With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Payment Method and Terms
We accept Visa, MasterCard, and Discover credit cards and certain debit cards, as
forms of payment. By submitting an order through LiveVDO.tv, you authorize the Company,
or its designated payment processor, to charge the account you specify for the purchase
amount. All payments are to be made in United States Dollars.
There are no returns or cancellations for any intangible property or services purchased from Company. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
Purchase Qualifications; Account Security
To make a purchase on LiveVDO.tv, you must be a registered LiveVDO.tv User and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. LiveVDO.tv sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on LiveVDO.tv only with the involvement of a parent or guardian. LiveVDO.tv reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on LiveVDO.tv, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, LiveVDO.tv Credits as described below), with a value at least equal to the amount charged to your credit card. LiveVDO.tv reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of Cyprus, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of Cyprus, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Cyprus.
Arbitration under this Agreement shall be conducted by the Online Permanent Arbitration Court in Europe (the "OPACE") under its Commercial Arbitration Rules and, in the case of consumer disputes, the OPACE's Supplementary Procedures for Consumer Related Disputes ( the "OPACE Consumer Rules") (collectively the "OPACE Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such OPACE Rules and shall be subject to the limitations provided for in the OPACE Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
Terms of sale|
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