Vimeo, Inc. ("Vimeo," "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.
1.1 Vimeo may sell you Hardware Products directly. You must pay Vimeo 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 the Livestream Terms of Service Agreement.
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.
Hardware Products are not eligible for return, exchange, or credit without exception.
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:
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.
5.1 EXCEPT AS EXPRESSLY SET FORTH HEREIN, VIMEO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY. No Vimeo reseller, agent, or employee is authorized to make any modification, extension, or addition to this Agreement. Among other things, Vimeo does not warrant that:
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIMEO 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).
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 Vimeo 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 VIMEO 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.
Attention: Legal Department
555 West 18th Street
New York, New York 10011