Livestream Hardware Sales Agreement

Last Updated: July 19, 2019 (Previous Version)

Livestream LLC ("Livestream," "we," or "our") offers third-party hardware products, including Mevo® cameras and accessories, Livestream Broadcaster®, and Livestream Studio® hardware products (collectively, "Hardware Products"). This document (the "Agreement") sets forth the terms of sale for Hardware Products that we directly sell.

1. Terms of Sale for Direct Purchases

1.1   Livestream may sell you Hardware Products directly. You must pay Livestream the prices stated in your order form plus applicable taxes and shipping and handling fees.

1.2   Title transfers upon delivery of the item to the shipping carrier. Once title has passed, you assume the risk of loss or damage. No title is transferred in any software installed on a Hardware Product. Any pre-installed software (including any updates thereto) will be governed exclusively by the end user license agreement supplied with the software or, if no such license is provided, then Livestream's Terms of Service.

1.3   You may not purchase Hardware Products from us for the purpose of resale or export without our prior written consent. We may cancel orders that we reasonably believe are intended for unauthorized resale or export.

2. All Sales are Final

Hardware Products are not eligible for return, exchange, or credit without exception.

3. Limited Warranty for Hardware Products

Certain Hardware Products may be covered under the manufacturer’s limited warranty. You must contact the manufacturer directly or visit their website for more information:

4. Statutory Warranties

The law of the jurisdiction (e.g., state or country) where you purchased a Hardware Product may provide statutory warranties that are broader than those provided in this Agreement. To the extent those warranties apply and cannot be waived, they shall apply to your purchase.

5. Warranty Limitations

5.1   EXCEPT AS EXPRESSLY SET FORTH HEREIN, LIVESTREAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY. No Livestream reseller, agent, or employee is authorized to make any modification, extension, or addition to this Agreement. Among other things, Livestream does not warrant that:

  • The Hardware Product will suit your needs;
  • The operation of the Hardware Product, in isolation or in conjunction with any other product or service we offer, will be uninterrupted or error-free;
  • The Hardware Product will operate with any third-party product or software, except for the operating systems and/or web browsers listed on the packaging; or
  • Livestream will continue to support the Hardware Product or make other products and services that are compatible with it.

5.2   TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVESTREAM WILL NOT BE LIABLE FOR THIRD-PARTY CLAIMS AGAINST YOU; LOSS OR EXPOSURE OF DATA; INJURY RESULTING FROM IMPROPER HARDWARE USAGE; SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF BUSINESS, REVENUE, COST-SAVINGS, PROFITS, OR GOODWILL; OR DAMAGES EXCEEDING THE AMOUNT YOU ACTUALLY PAID FOR THE HARDWARE PRODUCT(S).

6. Customer Information

In purchasing Hardware Products, you may provide us with certain personal information including your name, address, phone number, and email address. We may use this information to, among other things, fulfil requests that you have made, issue product recalls, provide safety notices, and provide software or firmware updates (if applicable). We may share your information with the applicable manufacturer and authorized vendors (e.g., delivery companies) to fulfil the foregoing purposes. For more information, please see our Privacy Policy.

7. General Terms

This Agreement contains the full agreement of the parties with respect to the subject matter hereof and shall be governed by the laws of the State of New York without regard to conflicts of law principles. Any dispute between you and Livestream arising out of or relating to this Agreement or any Hardware Product shall be commenced in the federal or state courts located in New York County, New York. IN ANY SUCH ACTION, BOTH YOU AND LIVESTREAM IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. If any term of this Agreement is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

8. Mailing Address for Notices

Livestream LLC
Attention: Legal Department
555 West 18th Street
New York, New York 10011