Terms and Conditions
As with everything these days, there are some legal terms you must adhere to when using WP Livestream.
This is a legal agreement between the person or organization (“Customer,” “Buyer” or “you”) agreeing to these Terms and Conditions (“Terms”) and nDzynes (“Seller,” “us,” or “we”). By accepting these Terms, making a purchase, or using any Products and Support provided by us, you represent that you are of legal age and have the authority to bind the Customer to the order, these Terms, and any exhibits or documents referenced herein, which are part of these Terms as if set forth herein.
nDzynes grants you a non-exclusive limited license to use the WP Livestream plugin (the “Software License”) and associated add-on products developed by nDzynes and designed to work in conjunction with the WP Livestream plugin (https://wplivestream.com) (collectively, the “Products”) in accordance with these Terms and Conditions.
1. Plugin Licensing
WP Livestream and the Software License are licensed under and subject to the terms set forth in GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).
2. WP Livestream License
Your initial purchase of WP Livestream includes a twelve-month subscription for Updates and Support (“Initial Subscription”). At the end of the Initial Subscription, the subscription for Updates and Support will be auto-renewed for successive twelve-month periods (each a “Renewal Subscription” and, together with the Initial Subscription, the “WP Livestream License”) unless, prior to the renewal date, (I) you cancel your WP Livestream License by disabling auto-renewal, (ii) you transfer your WP Livestream License pursuant to Section 9, (iii) your payment cannot be successfully processed, (iv) your payment is subject to a chargeback or other fraud process, (v) you request a refund pursuant to Section 7, or (vi) nDzynes cancels or suspends your WP Livestream License or the Software License.
The WP Livestream License is provided at the level purchased and in accordance with the descriptions for the purchased WP Livestream License level set forth at https://wplivestream.com/#pricing, which may be amended from time to time in nDzynes’ sole discretion. Downgrades from one WP Livestream License type to another (such as from Developer to Pro or from Pro to Personal) are prohibited. Upgrades from one type of WP Livestream License type to another (such as from Personal to Pro or Pro to Developer) are permitted. Upgrades take effect immediately and extend the then-current WP Livestream License for twelve months from the date of the upgrade. You may upgrade your WP Livestream License by paying a prorated amount of the price of the upgraded WP Livestream License based upon the remaining number of days of the WP Livestream License on the day immediately prior to the Upgrade. Prorated credit is only available for WP Livestream Licenses under an active Initial or Renewal Subscription, and is not available for canceled or transferred WP Livestream Licenses.
Applying the WP Livestream License to more than the maximum number of sites permitted in accordance with the WP Livestream License level purchased is strictly prohibited.
3. Automatic Updates
nDzynes may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for its Products (collectively, including related Documentation, “Updates”). Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Products and be subject to the Terms.
Updates are available to only websites that are registered with a valid and non-expired WP Livestream License.
After we have successfully processed your payment for the initial purchase of a WP Livestream License, you will receive an email with instructions to activate your WP Livestream account. This may take up to 1 hour to arrive but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then login to view your WP Livestream License key, download our Products and/or receive Support.
If you have purchased a new WP Livestream License while logged in to your WP Livestream account, the new license will be automatically associated with your account and will be available in your Licenses page.
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of nDzynes. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
6. Site Content
All site content, including Support forum content and imagery and documentation that is published on www.wplivestream.com, or documentation or materials provided in connection with the Products (“Documentation”) is the property of nDzynes. Any replicated Documentation must be authorized in advance in writing by nDzynes. Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of nDzynes except as authorized by these Terms.
We will be happy to consider a refund provided if it meets the terms of our Refund Policy, as determined in our sole discretion. Please review the refund policy fully before requesting a refund through https://wplivestream.com/my-account/support/open-support-ticket/ (the “Support Page”). A refunded WP Livestream License is immediately terminated.
Please note that we reserve the right to change or modify the current refund policy with no prior notice.
Subject to the Terms and while you maintain a valid and active WP Livestream, nDzynes offers support for WP Livestream to you (“Support”) at such support levels as you purchase. nDzynes may amend the Support Page from time to time in its sole discretion.
Support is offered to customers with a valid and non-expired WP Livestream License, which may be amended by nDzynes from time to time in its sole discretion. WP Livestream Pro and Developer license holders have access to our Priority Support Ticket system. nDzynes’ provision of Support is contingent upon and subject to your full and timely cooperation and your provision of complete and accurate information.
nDzynes may elect not to provide Support for non-current versions of WP Livestream (or any of its Products) or versions of WP Livestream that do not have all current Updates installed.
nDzynes offers WordPress plugins “as is” and with no implied meaning.
We do not otherwise support WordPress or other WordPress plugins.
9. WP Livestream License Holders
The WP Livestream License is registered to the email address of the original purchaser of the WP Livestream License. The account holder retains the rights to the license and account even if the account/key is renewed or upgraded by another party, unless transferred in accordance with these Terms. Only then-current owner of the account to which the WP Livestream License is registered may request and receive Support or access Support resources.
WP Livestream License holders cannot distribute, giveaway, permit others to use, or resell their WP Livestream License. The WP Livestream License is transferable, provided that (i) you require the party to which you transfer the license (“Transferee”) to abide by these Terms and (ii) you complete the “Transfer” option for the WP Livestream License you wish to transfer on the Licenses Page.
WP Livestream is intended to be used on your web site(s). Use of WP Livestream on your client’s site is permitted in situations where you maintain an ongoing relationship with the client as a consultant. You are prohibited from providing WP Livestream as a service or providing WP Livestream as part of a web hosting solution. Providing WP Livestream as a service or providing WP Livestream as part of a web hosting solution does not constitute an ongoing client/consultant relationship under this Section 9.
You are not permitted to re-post, copy, distribute, or otherwise make available any Documentation on any external websites, social media outlets, etc. By way of example, posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the WP Livestream License and all access to Support and Updates.
If you, or anyone acting on your behalf, transmit any communications or materials to nDzynes by email, electronic submission through www.wplivestream.com (“WP Livestream Website”), or otherwise, suggesting or recommending changes to nDzynes’ Products, Documentation, Support, or any other aspect of nDzynes’ business, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), nDzynes is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to nDzynes on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and nDzynes is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although nDzynes is not required to use any Feedback.
11. Transactional Emails
nDzynes may on occasion send you email notifications related to the WP Livestream License to the registered email address as described in Section 9. These transactional emails may include notification of licensing changes, changes to our Terms and Conditions, license expiration notices and other transactional emails related to your purchase of a WP Livestream License. By purchasing the WP Livestream License you agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.
WP Livestream License Cancellation. You may cancel your WP Livestream License at any time, and you will continue to have access to Automatic Updates, Documentation and Support until the listed expiry date of the WP Livestream License. ONCE CANCELED, A LICENSE CANNOT BE RENEWED OR UPGRADED. No full or partial refund will be provided for any WP Livestream License canceled before the end of that WP Livestream License’s term except in accordance with Section 7. A WP Livestream License canceled by you will continue to be valid until the end of the then-current WP Livestream License’s term unless terminated prior to the end of the then-current WP Livestream License’s term by nDzynes or due to having been refunded as described in Section 7. To cancel a WP Livestream License, go to the Licenses Page and choose “Cancel”.
nDzynes may terminate your WP Livestream License at any time and for any reason, with or without notice. A WP Livestream License that is refunded or has the payment returned will also be immediately terminated. A WP Livestream License terminated by nDzynes will terminate immediately, and your access to Updates and Support will immediately cease. nDzynes further reserves the right, at any time and for any reason, to modify or discontinue, temporarily or permanently, the WP Livestream License, Documentation, and Support with or without notice. You will not be entitled to a refund if your WP Livestream License is terminated, modified, or discontinued by nDzynes except in accordance with Section 7 and as determined in nDzynes’ sole discretion.
13. Pricing/Recurring Billing/Payment Methods
You are fully responsible for timely payment of all fees for the WP Livestream License and for any obligations to pay taxes and charges arising from your purchase of the WP Livestream License.
Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing WP Livestream License either temporarily or for the future lifetime of the WP Livestream License. If changing prices would affect WP Livestream Licenses already owned, we will notify all affected customers in advance. Notification will be made via electronic mail, using the email address listed by the user on their WP Livestream account as described in Section 9. It is your responsibility to ensure that their email address is kept up to date. We reserve the right to not honor typographical errors which may cause incorrect pricing on the WP Livestream Website.
Recurring Billing. By purchasing, renewing, or upgrading a WP Livestream License and providing a valid Payment Method, you authorize us to charge you a license renewal fee for WP Livestream Licenses at the specified rate on the WP Livestream Website to your Payment Method. The amount and future billing date will be clearly stated on the Licenses Page for each WP Livestream License.
Payment Methods. The payment method used to purchase, renew or upgrade a WP Livestream License will be stored securely with our payment processor and will be re-billed when a WP Livestream License is renewed. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your Payment Method information current for each WP Livestream License by visiting the WP Livestream Website.
The term of these Terms and Conditions commences when you install the Product and will continue in effect until terminated by you or nDzynes as set forth in this Section 14. You may only terminate these Terms by permanently deleting the Products and all Documentation in your possession, custody, or control and all copies and discontinuing any and all use of the Products and all Documentation.
nDzynes may terminate or modify these Terms at any time with or without notice in its sole discretion.
16. Third-Party Materials
The Products, the Documentation, Support, and the WP Livestream Website may display, include, or make available third-party content (including data, information, applications, add-ons, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree nDzynes is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. nDzynes does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
17. DISCLAIMER OF WARRANTY
THE PRODUCTS, THE WP LIVESTREAM WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, SUPPORT, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY NDZYNES ARE PROVIDED “AS IS.” NDZYNES MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS, SUPPORT, WP LIVESTREAM WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY NDZYNES, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NDZYNES MAKES NO REPRESENTATION THAT THE OPERATION OF WP LIVESTREAM WEBSITE, SUPPORT, THE DOCUMENTATION, OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND NDZYNES WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND DATA AND FOR MAKING BACKUP COPIES OF ANY OF YOUR CONTENT AND DATA. YOUR DATA MAY BE LOST, CORRUPTED OR BREACHED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NDZYNES IS NOT RESPONSIBLE OR LIABLE FOR YOUR DATA OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR CORRUPTION OF YOUR DATA.
BUYER UNDERSTANDS THAT USER DATA COLLECTED BY WP LIVESTREAM SUBMISSIONS, INCLUDING SIGNATURES CREATED VIA THE SIGNATURE FIELD, CAN BE DELETED AND/OR EDITED BY A SITE ADMINISTRATOR. NDZYNES AFFIRMATIVELY STATES AND PUTS BUYER ON NOTICE THAT USER SIGNATURES CAN BE EDITED AND NDZYNES IS NOT RESPONSIBLE FOR ANY SUCH CHANGES OR EDITS AND BUYER ACKNOWLEDGES SUCH AND HOLDS NDZYNES, HARMLESS FOR ANY LIABILITY THAT MAY OCCUR IF SUCH OCCURS.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NDZYNES OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY NDZYNES UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘NDZYNES IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY (INCLUDING THIRD-PARTY MATERIALS) THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
19. Jurisdiction and Venue
The Terms shall be governed by and construed in accordance with, the law of the Commonwealth of Virginia. Each of the Buyer and the Seller irrevocably consents to the exclusive jurisdiction and venue of any court within the state courts of Virginia Beach, Virginia, or the federal courts in Norfolk, Virginia, in connection with any matter based upon or arising out of the Terms or the matters contemplated herein, and agrees that process may be served upon them in any manner authorized by the laws of the Commonwealth of Virginia for such persons or actions.
The provisions set forth in the following Sections, and any other right or obligation of the parties in the Terms that, by its nature, should survive termination or expiration of the Terms, will survive any expiration or termination of the Terms: Sections 1, 5, 6, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, and 21.
The preceding Terms and Conditions govern the license of WP Livestream™ between you and nDzynes The Terms, together with any other documents incorporated herein by reference, constitute the entire agreement of the Parties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to its subject matter. By placing an order with us you acknowledge that you have read, understood, and agree with our Terms and Conditions. We reserve the right to alter these Terms and Conditions at any time for any reason. These Terms may not be altered by you without nDzynes’ prior written agreement. Only nDzynes may assign these Terms.
Updated: February 09, 2022 2:00 PM US Eastern Time