The LivePress plugin (“Plugin”) is a hosted real-time blogging service (“Service”) operated by LivePress Inc. (“LivePress”). The LivePress.com Website (“Website”) is used to support LivePress Plugin customers and to facilitate Plugin transactions.
Section 1: General
To purchase an API Key and to download the Plugin to use the LivePress live blogging Service, you must first register with the Website and then complete your purchase. After purchasing an API Key, you will be able to use the Service. LivePress may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will LivePress be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 12.
Section 2: Registration
If you purchase an API Key, you are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify LivePress of any unauthorized uses of your API Key, your account or any other breaches of security. LivePress will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Section 3: Commercial Use Plans, Fees and Payment
When you purchase an API Key from LivePress, you may choose from one of several monthly or annual pricing plans based on your site’s traffic, live blogging frequency, and support needs. LivePress will automatically bill the credit card you provided upon purchase every 30 days or annually, depending on the pricing plan option you select. Pricing plans can be found on our Website.
You agree to pay LivePress the service fees as indicated in the Payment Schedule presented to you when purchasing an API key in accordance with the pricing plan chosen. LivePress reserves the right to change your payment terms and fees after providing written notice to you at least thirty (30) days prior to implementing those changes. Your continued use of the API Key constitutes your acceptance of all of the changed payment and fee terms.
Section 4: Content Posted on Other Websites
We have not reviewed, and cannot review, the material, including computer software, made available through the websites, webpages, and blogs that use the LivePress plugin. LivePress does not have any control over those non-LivePress websites, webpages, and blogs, and is not responsible for their contents or their use. By linking to a non-LivePress website, webpage or blog, LivePress does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. LivePress disclaims any responsibility for any harm resulting from your use of non-LivePress websites, webpages, and blogs.
Section 5: Trademarks
LivePress, LivePress.com, the LivePress.com logo, and all other trademarks, service marks, graphics and logos used in connection with LivePress.com, or the Website are trademarks or registered trademarks of LivePress or LivePress’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LivePress or third-party trademarks.
Section 6: Changes
The Website, Service, and these Terms and Conditions may be changed at the sole discretion of LivePress and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
Section 7: Communications with LivePress
All notices and other communications to LivePress required under this Agreement should be directed to the LivePress contact page. Notice of the communication shall be provided via email within two business days after the communication is sent. Alternatively, LivePress may give notice by mail to the address provided during the registration process. In such case, notice is provided within five business days of the receipt of communication.
Section 8: Limitation of warranties of LivePress, its suppliers and its licensors
Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and LivePress, its supplies and its licensors make no representations or warranties, expressly or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. LivePress makes no representations and warranties regarding uptime for the Website, Plugin, or Service unless you are an Enterprise customer with an SLA agreement. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that LivePress, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Section 9: Limitation of liability of LivePress, its suppliers and its licensors
Except as otherwise expressly stated, in no event will LivePress, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, Plugin, or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if LivePress, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against LivePress, its suppliers and its licensors arising out of or related to use of the Website, Plugin, and / or Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to LivePress during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 9 represents a reasonable allocation of risk.
Section 10: General Representation and Warranty
Section 11: Indemnification
You agree to defend, indemnify, and hold harmless LivePress, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to, claims resulting from your violation of any representation or warranty contained in these Terms and Conditions.
Section 12: Termination
LivePress may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website, Plugin, and / or Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service, Website, Plugin, and your API Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days of providing prior written notice to LivePress
Section 13: Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
Section 14: Miscellaneous
These Terms and Conditions constitute the entire agreement between LivePress and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LivePress, or by the posting by LivePress of a revised version.
Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website, Service, Plugin, and / or your API key will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to, breaches of this agreement will be handled the state and federal courts located in Alameda County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. LivePress may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated: 05/2013
These Terms and Conditions are derived from those made available by Automattic through a Creative Commons Sharealike license.