Terms and Conditions

LIVELOOP – GENERAL TERMS AND CONDITIONS

 

  1. SCOPE

 

These General Terms and Conditions (“Terms”) constitutes a legal agreement between you and Liveloop BV, a company establish in the Netherlands (‘’Liveloop’’). All deliveries of a Liveloop Software Product (“Software”) are made exclusively on the basis of these Terms and the applicable End User License Agreement (“EULA”). These conditions will be considered as accepted at the latest when a delivery or a partial delivery or service is received.

 

These Terms apply exclusively. Terms and Conditions of another contracting party that conflict or deviate from these Terms are not applicable, unless confirmed in writing by Liveloop.

 

Liveloop shall not enter into verbal agreements or give verbal assurances which go beyond the content of the written contract.

 

In the Terms you are referred to herein as “you”. The term “you” include you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, and assigns. We may be referred to herein as “us”, “we” or “Liveloop”. The terms “us”, “we” and “Liveloop” includes us and our owners, employees, subsidiaries, independent contractors, and assigns.

 

  1. CONCLUSION OF A CONTRACT

 

When you download the Software the purchase agreement between you and Liveloop, based on these Terms and in compliance with the corresponding EULA for the requested Software, becomes binding when the electronic transfer to you begins.

 

  1. SOFTWARE SUBSCRIPTION

 

The content of the Software subscription is determined by the offer you chose. During the contractual period of the Software subscription you will receive the latest releases for the selected Software.

 

The contractual period of the Software subscription is divided into a minimum period and renewal periods. Both depend on the respective offer you chose.

 

After expiry of the minimum period or renewal period, the contractual period shall be automatically extended to the applicable renewal period of the selected offer unless the agreement is terminated by either party.

 

  1. LICENSE VERIFICATION

 

Software licenses have to be validated periodically. This ensures that the original Software is being used and that it is being used according to the license terms and conditions of the applicable EULA. The License verification process requires an Internet connection.

  1. PRICES AND PAYMENT TERMS

 

Prices

All prices for Liveloop Software subscriptions made available through the platform Gumroad.com are created in Euros and are valid until altered by Liveloop. Prices are not inclusive of VAT. VAT differs between countries and are automatically applied by Gumroad during the purchase.

 

Liveloop reserves the right to determine pricing for the Software subscriptions and may change its prices from time to time.

 

Liveloop, at its sole discretion, reserves the right to make promotional offers with different and prices to any of Liveloop’s customers.

 

Payment terms

All payments for Software subscriptions are processed by Gumroad in accordance with their standard terms and conditions. The online purchase depends on Gumroad and operates by credit card or Paypal interface at the indicated price. Payments are secured by and under the responsibility of Gumroad. You are subject to the GUMROAD terms of use.

 

Instant payment transactions on digital downloaded cannot be cancelled once the License Key has been downloaded.

 

  1. USE AND PROPRIETARY RIGHT

 

Permission to Use

Liveloop grants you upon your compliance with these Terms, a non-exclusive, non-transferable right to use the Software for the duration you have paid all applicable fees. In addition to these Terms, the EULA applies.

 

Proprietary rights

All computer codes (including source code or object code) copyrights, trademarks and other intellectual property rights subsisting in or used in connection with the Software (“Materials”)  are and shall remain the property of Liveloop. Software and accompanied Material may not be translated, decompiled, disassembled, reverse engineered or otherwise changed, unless you have the prior written approval of Liveloop.

 

If the right granted to you by Liveloop ends, for example, after exercise of a contractual or statutory right of rescission, you are obliged to erase all stored data, upon which the purchase from Liveloop was based, from its computer system, unless it is this forbidden due to legal or regulatory provision. All data media and copies or written documentation must be immediately deleted.

 

  1. WARRANTY

 

The Software is provided to your “as is’, and you agree to use it at your own risk. Liveloop makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, quality, performance, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Software, or that the Software or use thereof will be uninterrupted or error free.

 

  1. LIABILITY AND INDEMNIFICATION

 

Liability

Liveloop shall in no event be liable for any indirect, consequential or incidental loss or damage of any kind whatsoever (including without limitation loss of profit or revenue). Except in cases of intentional misconduct or gross negligence, any liability on the part of Liveloop for damages arising out of or in any way relating to the Software, contractual or otherwise, is limited to the amount actually paid for the Software. No liability exists in case of damages were not reported in writing within three days after discovery to Liveloop by sending an email to support@liveloop.live.

 

Indemnification

You indemnify, defend and hold harmless Liveloop against all third-party claims in connection with your use of the Software or failure to comply with these Terms.

 

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitations or exclusions may not apply to you.

 

  1. PRIVACY POLICY

 

The collection, storage and processing of your personal data is governed by our Privacy Policy.

  1. MISCELLANEOUS

 

Availability and Maintenance
Liveloop uses its best endeavours to make the service available at all times but makes no guarantees about uninterrupted availability of the website or payment/downloading functions, relying on services such as Gumroad and Paypal which may become temporarily unavailable.

 

All secure payments and downloads are handled by Gumroad and Liveloop takes no responsibility in any issues that may arise from using this third party service.

 

Severability

If any provision contained in the Terms is held to be invalid by a court of law, all other provisions of these Terms will continue to be effective.

 

Amendments

Liveloop reserves the right to amend any of the Terms at its sole discretion by posting notice on www.liveloop.live or by using any other legally recognizable form of notice. If you do not agree to the amendment you should contact us promptly through the contact form at www.liveloop.live or support@liveloop.live. You agree that your continued use of the Software after the effective date of any such notice will constitute your consent and acceptance of the amendment.

 

  1. GOVERNING LAW

These Terms shall be exclusively governed by the laws of The Netherlands. The competent court in the Netherlands shall have exclusive jurisdiction with regards to disputes arising from these Terms.

 

  1. CONTACT

If you have any questions regarding these Terms please contact Liveloop through the contact form at www.liveloop.live or support@liveloop.live.

 

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