Using AddLive
Our goal is to allow our customers to easily enhance their applications with live video and voice through a simple, elegant, cross platform interface.
By using the AddLive website and software you are bound to the Terms of Service below. If you have any questions feel free to ask at info@addlive.com.
Terms of Service
The following terms and conditions govern all use of the AddLive.com website and all content, services and products available at or through the website, including, but not limited to, the AddLive application program interfaces and software development kits, all example applications and tutorials that are linked to on third party websites like GitHub, and all other related materials, (taken together, the “Platform”); that enable you to implement the AddLive live video, voice and text software and services (the “Service”) in one or more applications owned and controlled by you (“Your Application(s)”).
The Platform and Service is owned and operated by Live Foundry, Inc. (“AddLive”). The Platform and Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, AddLive’s Privacy Policy) and procedures that may be published from time to time on this site by AddLive (collectively, the “Agreement”).
If you are signing on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer, or other entity, to these terms of service. If you do not have legal authority to bind your employer or other entity, then you may not access the Platform or use any Services.
Please read this Agreement carefully before accessing or using the Platform and Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any Services. If these terms and conditions are considered an offer by AddLive, acceptance is expressly limited to these terms.
1. Updates to the Terms of Service
This Terms of Service Agreement was last updated on September 21, 2012. We reserve the right, at any time, to modify the Platform and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the website. Your continued use of the Platform and Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
2. Registration Data, Passwords, Completed Form Data, API Keys and Privacy
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.
During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with anyone. You agree to keep your password confidential at all times.
By completing a form with us, you agree that all information provided to us is true and accurate.
You may also be provided with an API key. You agree to be fully responsible for activities or transactions that relate to your account or your password or your API key. You must notify AddLive immediately if you learn of an unauthorized use of your password or API key.
All information we obtain about you in connection with your use of this website is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.
3. License
License grant. Subject to the terms and conditions of this Agreement, AddLive grants to you a non-exclusive, non-assignable, non-sublicensable, non-transferable license (a) to reproduce the Platform solely as necessary to incorporate the Platform into Your Applications, (b) to distribute the Platform to End Users in accordance with this Agreement, and (c) to reproduce the Platform solely to the extent necessary for your internal testing, backup and archival purposes.
License Restrictions. You shall not: (a) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code for the Platform; (b) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Platform (except as expressly permitted in this agreement); (c) modify the Platform; or (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Platform. You shall retain all copyright, patent, confidentiality, and other notices and legends of the AddLive and its suppliers (including “Third Party Software” that means software code and related documentation that is owned by third parties. Third party software used by the Licensor Software is contained in the COPYRIGHTS.txt file found at http://www.addlive.com/copyrights.txt.)
End User Agreements. You must ensure that each end user of Your Application(s), (each, an “End User”) is subject to an enforceable license agreement that includes terms substantially similar to the following terms: (a) End User’s license shall be personal, nonexclusive, non-sublicensable; (b) the Platform may not be copied, except for limited backup purposes where appropriate; (c) End User may not (i) create any derivative work of the Platform, or (ii) decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Platform, except to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law; (d) any End User’s warranties with respect to Your Application shall be fulfilled by you, and AddLive and its suppliers shall have no obligation to provide warranty or support directly to any End User; and (e) End User must agree to have anonymous usage and quality statistics monitored and stored by AddLive.
4. Termination of Use
We may terminate or suspend your use of the Platform or Service at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of this Agreement will survive termination: Termination of Use, Propietary Rights, Warranties, Limitation of Liability, Indemnification, ,Governing Law, Disputes, Notices, Miscellaneous.
5. Marketing Activities
The parties agree to the following marketing activities: (a) AddLive may use your name or logotype in AddLive’s lists on collateral, web sites or media communications. (b) AddLive may request that you participate in reference calls and/or site visits with noncompetitive new clients, partners, media and industry analysts. You may, in your sole discretion, accept or reject such requests. (c) You may, in your sole discretion, participate in a case study, provide quotes for use in marketing materials and participate in occasional joint marketing presentations. AddLive agrees to obtain your written approvals prior to public release.
6. Proprietary Rights
AddLive and its suppliers retain all right, title and interest in and to the Platform and Service. All rights in the Platform and Service not expressly granted under this Agreement are reserved by AddLive and its suppliers.
AddLive’ss trademarks and/or service marks may not be used in connection with any product or service that is not provided by AddLive, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits AddLive.
AddLive’s software and services available on this website are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with this website and in accordance with this Agreement.
7. Warranties
YOU AGREE THAT ADDLIVE MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER MATTER. THE PLATFORM AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. ADDLIVE DOES NOT WARRANT THAT LICENSEE’S USE OF THE SOFTWARE AND SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. NO REPRESENTATION OR STATEMENT NOT EXPRESSLY CONTAINED IN THIS AGREEMENT SHALL BE BINDING UPON COMPANY AS A WARRANTY OR OTHERWISE.
8. Limitation of Liability
ADDLIVE WILL NOT BE LIABLE TO YOU, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, FOR ANY FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF THE PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO ADDLIVE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE INITIAL EVENT FOR WHICH A PARTY RECOVERS DAMAGES HEREUNDER. THIS IS AN AGGREGATE LIMIT AND THE EXISTENCE OF ONE OR MORE CLAIMS HEREUNDER SHALL NOT INCREASE THIS LIMIT.
9. Indemnification
You agree to indemnify and hold AddLive, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Platform and Service, (b) the violation of laws, rules, regulations or terms of this Agreement, (c) your use or misuse of the Platform or the Service by the End Users of Your Application, (d) the use of Your Application, or (e) infringement by you, or by someone using your account, of any intellectual property or any other right of any person or entity. AddLive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AddLive in asserting any available defenses.
10. Governing Law
The laws of the State of California, excluding its conflict of law provisions, shall govern this Agreement and all matters arising out of or relating to this Agreement.
11. Disputes
YOU AND ADDLIVE BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO.
UNLESS YOU AND ADDLIVE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN SAN FRANCISCO, CALIFORNIA. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US.
12. Notices
Notices to us must be sent to the attention of Customer Service at support@addlive.com. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) on the delivery date if transmitted by email; or (3) immediately if broadcast by AddLive.
13. Miscellaneous
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by AddLive, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.
Any attempt by you to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.