ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
As our customer, LivePerson provides you or your company with access to a variety of software and services as well as information on our website (collectively, "Services"). All these Services are subject to the TOU, as revised from time to time.
RIGHTS IN SERVICES.
LivePerson and its suppliers are the sole owners of all the intellectual property, and in particular the copyright, trademarks, trade secrets, database and patents, in the Services. LivePerson shall retain all ownership in and to Services and, subject to the Agreement, all data transferred or received through the Services.
Use of the Services is governed by the applicable Agreement and this TOU. You and your company shall not use the Services or LivePerson's intellectual property except as specifically authorized under your Agreement and this TOU. Without limiting the foregoing, except as expressly authorized by applicable law or your Agreement, you and your company shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services. In addition, you and your company shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of LivePerson or LivePerson.com, or take any other action which infringes or impairs LivePerson's trademark rights.
Any reproduction, redistribution or use of the Services not in accordance with the Agreement and this TOU is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible
If any portion of the Services requires you or your company to register, you and your company must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You and your company are entirely responsible for any and all activities that occur under your account.
NO UNLAWFUL OR PROHIBITED USE
As a condition of using the Services, you and your company shall not use the Services for any purpose that is unlawful or prohibited by the Agreement or this TOU or that could create liability for LivePerson. You and your company must not use the Services in any manner that could damage, disable, overburden, or impair any LivePerson server, or the network(s) connected to any LivePerson server, or interfere with any other party's use and enjoyment of any Services. You and your company shall not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any LivePerson server or to any of the Services, through hacking, password mining or any other means. You and your company shall not operate robots or spiders to scan LivePerson's databases or web pages. You and your company shall not use "deep linking" to LivePerson's web pages.
COMPANY'S COMPLIANCE WITH LAWS
MISUSE OF COMMUNICATIONS
The Services contain message and communication facilities designed to enable you or your company to communicate with others. You and your company agree to use the Services only to post, send and receive messages and material that are proper and permitted by applicable law. By way of example, and not as a limitation, you agree that when using the Services, you and your company will not:
- Violate any law, statute, ordinance or regulation.
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
- Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of LivePerson systems.
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information.
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong, e.g. insider trading information about a company or proprietary or confidential information of a third party
- Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
- Send, or otherwise make available, including, by way of example, and not as limitation, files that contain images, photographs, software or other material protected by intellectual property laws, copyright or trademark laws (or by rights of privacy or publicity) unless you or your company own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent.
- Provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated as a foreign terrorist organization by the U.S. government.
MONITORING OF THE SERVICE
LivePerson has no obligation to monitor the Services. However, LivePerson reserves the right to review materials sent through the Services and to remove any materials in its sole discretion.
LivePerson does not control or endorse the content, messages or information found in any Services and, therefore, LivePerson specifically disclaims any liability with regard to such content, messages or information.
REMEDIES FOR MISUSE
Without limiting other remedies, LivePerson may limit, suspend or terminate the Services and your company's accounts, delay or remove your company's content, or use other technical and legal measures to stop you and your company from causing harm, if LivePerson believes that your company's activities are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these TOU or LivePerson policies..
EXCEPT AS EXPRESSLY WARRANTED IN THE AGREEMENT, ALL SERVICES ARE PROVIDED "AS IS" AND LIVEPERSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, IN NO EVENT SHALL LIVEPERSON OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
From time to time, plug in or add-on online applications that integrate or interoperate with LivePerson's Services ("Applications") may become available. If you or your company chooses to install, access or enable an Application, you and your company agree that the third party Application provider may acquire access to your and company's account data and information data as required for the interoperation or integration of such Application. Accordingly, such Applications are governed by their own terms and conditions and are not considered Services under the Agreement. You and your company assume full responsibility for any damages, losses, costs, or harms arising from the use of or inability to use such Applications. To the extent permitted by law, LivePerson disclaims all liabilities with respect to you and your company’s use of or inability to use such Applications and the performance or non-performance of such Applications (including direct, indirect, incidental, punitive or consequential damages). LivePerson has no obligation to monitor such Applications and does not control or endorse the content, messages or information found in such Applications and specifically disclaims any liability with regard to such content, messages or information. LivePerson does not monitor or control such Applications’ service limitation, suspension or termination of their services and specifically disclaims any liability with regard to such Applications’ service limitation, suspension or termination. EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, ALL SUCH APPLICATIONS SERVICES ARE PROVIDED "AS IS" AND LIVEPERSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH APPLICATIONS’ SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TERMINATION BY YOUR COMPANY
If you or your company wish to terminate the Services for any reason, you must comply with LivePerson's cancellation procedure stated here.
TERMINATION BY LIVEPERSON
LivePerson reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
U.S. GOVERNMENT RESTRICTED RIGHTS
Any software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Agreement and this TOU, as applicable. Manufacturer is LivePerson, Inc.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
LivePerson respects the intellectual property of others, and we ask our customers to do the same. LivePerson may, in appropriate circumstances and at its discretion, terminate the account or access of customers who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LivePerson's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the site, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
LivePerson's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
c/o LivePerson Inc.
475 10th Avenue
New York, NY 10018
By phone: 917-591-3027 - in the U.S.
By fax: 917-591-3027 - in the U.S.
By e-mail: email@example.com